Full Description
This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law.
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Contents
Introduction: Identity, the Jurisprudence of Particularism and Possible Constitutional Challenges
1. The Exploitation of Constitutional Identity
2. Identity and Eternity: The German Concept of Constitutional Identity
3. From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and Identity Discourse
4. Instruments and Elements of Particularism in the Context of Constitutional Identity: the Czech Constitutional Court
5. A Constitutional Identity Transplant and Abuse: A Decade After the Polish Lisbon Treaty Case
6. Reconceptualising Hungary's Constitutional Identity
7. The Constitutional Dimension of Europe
8. Un-European Constitutional Identity Claims
