... fueled by particular breaches of democratic principles in Southeast Asia such as the Myanmar case, we focus on the dynamics of construction and de-construction of the EU’s and ASEAN’s political identity, ...
2.
Subnational constitutions between asymmetry in fundamental rights protection and the principle of non-discrimination: a comparison between Belgium (Charter for Flanders) and Switzerland
(Matteo Monti/Essay)
(Matteo Monti/Essay)
... national identity in fundamental rights. The second part of the paper (section 3) explores the limits, stemming from the equality principle, to the asymmetry of fundamental rights as derived from subnational ...
3.
Administration or Federation? Constitutional Self-Image and the World Political Order in Which the EU Finds Itself
(Ming-Sung Kuo/Essay)
(Ming-Sung Kuo/Essay)
... implications of the EU’s constitutional self-image to the world political order. First, as the CJEU adopts an identity-centred strong constitutionalist position on the Union’s external relations, it implicitly ...
4.
How to Bridge the Gaps between Competing Paradigms for EU Law: An Introduction
(Marta Simoncini and Gert Straetmans/Editorial)
(Marta Simoncini and Gert Straetmans/Editorial)
For the first time since its creation, the European Union (EU) has been living its probably most significant identity crisis. This crisis has its roots in different critical situations that have hit the ...
5.
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
(Martin Belov/Essay)
(Martin Belov/Essay)
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 ...
... “Orientalist” mask of Asia, defining an identity that assumes a singular inclination that could be defined as a difficult and problematic effort towards a “decolonial” option. ...
7.
Margins of Nationality. External ethnic citizenship and non-discrimination
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
(Kriszta Kovács, Zsolt Körtvélyesi, and Alíz Nagy/Essay)
... the rules of both birthright and acquired political membership. Most states employ some form of cultural affinity-based criteria relating to ethnic identity that differentiate between applicants that seek ...
8.
The Territoriality of Fiscal Solidarity: Comparing Swiss Equalisation with European Union Structural Funding
(Sean Mueller - Soeren Keil/Essay)
(Sean Mueller - Soeren Keil/Essay)
... to both a “civic” sense of belonging and a “cosmopolitan” identity. After placing types and degrees of (inter-)territorial solidarity at the heart of our conceptual perspective, we discuss the effects ...
9.
EU Citizenship before the CJEU: On the importance of the application of the proportionality principle
(Carmen Román Vaca/Essay)
(Carmen Román Vaca/Essay)
... is related to public policy issues are particularly sensitive due to their constitutional identity concerns. The approach for the comparison in this paper consists in finding and measuring ‘pathologies’ ...
10.
Building Subnational Constitutionalism Through Identity Narratives. The Case of Spain
(Ilenia Ruggiu/Essay)
(Ilenia Ruggiu/Essay)
This paper analyses the process of reform of the Statutes in Spanish Comunidades Autonomas, which began in 2006, in order to stress the role that an identity narrative takes in it. Almost every Statute ...
11.
Identity vs. representation: what makes ‘the people’? Rethinking democratic citizenship through (and beyond) Carl Schmitt and Hans Kelsen
(David Ragazzoni/Essay)
(David Ragazzoni/Essay)
The concept of ‘citizenship’ has significantly evolved since the work by Thomas Marshall in 1950: the emergence of various kinds of ‘identity/difference’ politics, the transformation of political representation ...
12.
Speaking in Name of the Constituent Power: the Spanish Constitutional Court and the New Catalan Estatut
(Giacomo Delledonne/Note)
(Giacomo Delledonne/Note)
... those provisions aiming at ‘constitutionalizing’ Catalan identity have been widely neutralized or deprived of their legal significance. By doing so, however, the Court has attracted widespread criticism, ...
The debate on federalism in Iraq is interrelated with the identity conflict which has dominated Iraqi politics since the regime change in 2003. Federalism was proposed and became constitutional in 2005 ...