Abusing constitutional identity

J Scholtes - German Law Journal, 2021 - cambridge.org
Increasingly, populists and authoritarians have discovered for themselves the notion of
constitutional identity as a practical excuse to sidestep transnational legal obligations, as …

Digital constitutionalism in the new era of Internet governance

G De Gregorio, R Radu - International Journal of Law and …, 2022 - academic.oup.com
Digital technologies are profoundly intertwined with constitutionalism. They are not only a
sum of material and immaterial architecture, but also provide infrastructures to exercise …

Digital constitutionalism across the Atlantic

G De Gregorio - Global Constitutionalism, 2022 - cambridge.org
This article examines the reasons for different constitutional approaches to platform
governance across the Atlantic. By adopting a comparative perspective under the lens of …

The Hungarian sword of constitutional identity

E Várnay - Hungarian Journal of Legal Studies, 2022 - akjournals.com
In its 'refugee quota decision'of 2016 the 'invented'its competences of ultra vires, sovereignty
and constitutional identity controls. The sword of constitutional identity (CI) has been forged …

[图书][B] The abuse of constitutional identity in the European union

J Scholtes - 2023 - books.google.com
The idea of constitutional identity has been central to the negotiation of authority between
EU and national constitutional orders. Many national constitutional courts have declared that …

Beyond the Post-Sovereign State?: The Past, Present, and Future of Constitutional Pluralism

M Wilkinson - Cambridge Yearbook of European Legal Studies, 2019 - cambridge.org
Constitutional pluralism is a theory for the post-sovereign European state. This only makes
sense historically, emerging out of postwar European reconstruction through the repression …

Autonomous but interdependent: Constitutional traditions on judicial protection and the general principle of effective judicial protection

G Gentile - Maastricht Journal of European and Comparative …, 2022 - journals.sagepub.com
The EU general principle of effective judicial protection is the epitome of the EU liberal-
constitutionalism. The creative force of this principle has emerged, among others, in …

[图书][B] The EU and Constitutional Time: The Significance of Time in Constitutional Change

M Fichera - 2023 - books.google.com
This insightful book examines the inherent fragility of modern liberal constitutionalism and
shows how it is in the nature of every constitutional community, including the European …

[图书][B] The practice of judicial interaction in the field of fundamental rights: the added value of the charter of fundamental rights of the EU

F Casarosa, M Moraru - 2022 - books.google.com
This insightful and timely book provides a comparative assessment of selected legal issues
emerging from the EU legal context which impact profoundly on the national legal systems. It …

Common constitutional traditions: A story of genesis and normative transformations

J Kukavica - … Journal of European and Comparative Law, 2024 - journals.sagepub.com
This paper aims to inform our understanding of the past, present and future doctrinal nature
of constitutional traditions common to the Member States (CCTs) in EU law by forwarding a …