The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member States
This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and supranational constitutionalism. The analysis tries to demonstrate that constitutional identity m...
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| Format: | Article |
| Language: | English |
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Centre for Studies on Federalism
2017-11-01
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| Series: | Perspectives on Federalism |
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| Online Access: | http://www.degruyter.com/view/j/pof.2017.9.issue-2/pof-2017-0010/pof-2017-0010.xml?format=INT |
| Summary: | This article provides an analysis of the functions performed by constitutional identity in constitutional discourses of both the EU and its Member States, in the context of emerging post-Westphalian and supranational constitutionalism. The analysis tries to demonstrate that constitutional identity may serve as one of the key normative ideologies, legitimation strategies and ordering schemes of EU constitutionalism. It reasserts through functional analysis the suitability of constitutional identity for organizing and explaining multiple constitutional orders in a non-hierarchical and inclusive way. |
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| ISSN: | 2036-5438 |