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1 Introduction Although the issue of constitutional identity arises primarily with regard to the relationship between the European Union and the Member States in the form of a barrier to the transfer of competences to the EU, and has entered
://www.focus.lv/latvija/sabiedriba/eriks-stendzenieks-aicina-modernizet-latvijas-himnasnovecojusos-vardus (Accessed 24 October 2013). Gavison, R. (2002): What Belongs in a Constitution? Constitutional Political Economy , 13: 89–105. Gavison R. What
. 445/2012. Law CXIX of 2010 for the modification of Law XX of 1949 on the Constitution of the Hungarian Republic. Law CXX of 2010 for the modification of Law XXXII of 1989 on the Constitutional Court
The preambles are used in the Czech legal system during the last twenty years rather rarely. Nonetheless, constitutions in the Czechoslovak history as in the Czech history are traditionally introduced by the preambles. As the Czech constitutional system inclines to consist of more constitutional legal acts at the supreme level of the interior legal system, we can found two constitutional preambles in the recent Czech constitutional system. Both top constitutional acts-the Constitution and the Charter of Fundamental Rights and Basic Freedoms are preceded by their own preamble. The preambles differ as they are focused on different part of constitutional issues. Despite of this obvious fact they are built-up on some features, which are common to both of them. The preambles are characterized by a modest form-their purpose is to explain, why the new chapter of the legal development is opened, and to offer us a common starting line. Nonetheless, they also keep to us a freedom of movement in the new legal period. Their main goal is to connect the people, not to divide, if the constitutional act, which is introduced by them, should be an expression of the common national will.
Literature Barber , S. , Constitutional Failure (University Press of Kansas 2014 ). Bellamy
institutional approach of the European construction. The appearance and affirmation of the notion of ‘constitutional identity’ provide us with an opportunity for that. It's a recent notion but, even timidly, spreading to the level of the constitutional courts of
1 Introduction The inclusion of identity in constitutional law is a growing phenomenon in Europe. Today, out of the 46 member states of the Council of Europe, 21 have a constitution that explicitly refers to the word ‘identity’. Very recently, in
Has constitutional pluralism ever been tried out? •
On the comparative use of Article 4(2) TEU by some constitutional courts
. Second, domestic law has changed with the success story of constitutionalism and the establishment in many jurisdictions of constitutional courts specialised at upholding fundamental rights. Third, international law has also significantly been transformed
1 Introduction The concept of constitutional identity may have been introduced into European constitutionalism discourse by the Solange I judgment of the German Bundesverfassungsgericht as early as 1974. 1 The competence of a constitutional
elections by the Constitutional Court of the Czech Republic: Beginning of a New Concept of “Protection of Constitutionality” ’ ( 2010 ) 4 Jurisprudence 43 – 70 . Kudrna , Jan