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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Main Author: Belov Martin
Format: Article
Language:English
Published: Centre for Studies on Federalism 2017-11-01
Series:Perspectives on Federalism
Subjects:
Online Access:http://www.degruyter.com/view/j/pof.2017.9.issue-2/pof-2017-0010/pof-2017-0010.xml?format=INT
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author Belov Martin
author_facet Belov Martin
author_sort Belov Martin
collection DOAJ
description 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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spelling doaj.art-3009212766ad476cba5a956d60dc5fcb2022-12-21T22:52:28ZengCentre for Studies on FederalismPerspectives on Federalism2036-54382017-11-0192E-72E-9710.1515/pof-2017-0010pof-2017-0010The Functions of Constitutional Identity Performed in the Context of Constitutionalization of the EU Order and Europeanization of the Legal Orders of EU Member StatesBelov MartinThis 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.http://www.degruyter.com/view/j/pof.2017.9.issue-2/pof-2017-0010/pof-2017-0010.xml?format=INTconstitutional identityjudicial dialogueconstitutional ideologysovereigntysupranational constitutionalismlegitimacy
spellingShingle Belov Martin
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
Perspectives on Federalism
constitutional identity
judicial dialogue
constitutional ideology
sovereignty
supranational constitutionalism
legitimacy
title 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
title_full 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
title_fullStr 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
title_full_unstemmed 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
title_short 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
title_sort functions of constitutional identity performed in the context of constitutionalization of the eu order and europeanization of the legal orders of eu member states
topic constitutional identity
judicial dialogue
constitutional ideology
sovereignty
supranational constitutionalism
legitimacy
url http://www.degruyter.com/view/j/pof.2017.9.issue-2/pof-2017-0010/pof-2017-0010.xml?format=INT
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