Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law)

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Publisher : BRILL
ISBN 13 : 9004417354
Total Pages : 240 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) by :

Download or read book Modernisation, National Identity and Legal Instrumentalism (Vol. II: Public Law) written by and published by BRILL. This book was released on 2019-12-16 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of public law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.

Jurisprudence of National Identity

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Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.:/5 (658 download)

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Book Synopsis Jurisprudence of National Identity by : Nan Marie Seuffert

Download or read book Jurisprudence of National Identity written by Nan Marie Seuffert and published by . This book was released on 2008 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Jurisprudence of Particularism

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Publisher : Hart Publishing
ISBN 13 : 1509960163
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Jurisprudence of Particularism by : Kriszta Kovács

Download or read book The Jurisprudence of Particularism written by Kriszta Kovács and published by Hart Publishing. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This open access book asks whether there is space for particularism in a constitutional democracy which would limit the implementation of EU law. National identity claims are a key factor in shaping our times and the ongoing evolution of the European Union. To assess their impact this collection focuses on the jurisprudence of Czechia, Hungary, Poland, and Slovakia, as they play an essential role in giving life to particularism. By taking particularism as the prism through which they explore the question, the contributors offer a new analytical scheme to evaluate the judicial invocation of identity. This requires an interdisciplinary approach: the study draws on comparative constitutional law, theory, comparative-empirical material and normative-philosophical perspectives. This is a fresh and thought-provoking new study on an increasingly important question in EU law. "--

National Identity in EU Law

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Publisher : OUP Oxford
ISBN 13 : 0191053503
Total Pages : 651 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis National Identity in EU Law by : Elke Cloots

Download or read book National Identity in EU Law written by Elke Cloots and published by OUP Oxford. This book was released on 2015-02-12 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

Jurisprudence of National Identity

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Author :
Publisher : Routledge
ISBN 13 : 1351154745
Total Pages : 278 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Jurisprudence of National Identity by : Nan Seuffert

Download or read book Jurisprudence of National Identity written by Nan Seuffert and published by Routledge. This book was released on 2018-02-06 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.

Modernisation, National Identity and Legal Instrumentalism

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Publisher :
ISBN 13 : 9789004395282
Total Pages : 0 pages
Book Rating : 4.3/5 (952 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism by : Michał Gałędek

Download or read book Modernisation, National Identity and Legal Instrumentalism written by Michał Gałędek and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.

Cross Cuurrents Internationlism, National Identity and the Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (962 download)

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Book Synopsis Cross Cuurrents Internationlism, National Identity and the Law by :

Download or read book Cross Cuurrents Internationlism, National Identity and the Law written by and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Accommodating National Identity

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Publisher : BRILL
ISBN 13 : 900447868X
Total Pages : 308 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Accommodating National Identity by : Stephen Tierney

Download or read book Accommodating National Identity written by Stephen Tierney and published by BRILL. This book was released on 2021-10-18 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.

Constitutional Identity

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Publisher : Harvard University Press
ISBN 13 : 0674047664
Total Pages : 389 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Identity by : Gary J. Jacobsohn

Download or read book Constitutional Identity written by Gary J. Jacobsohn and published by Harvard University Press. This book was released on 2010-10-25 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Argues that a constitution acquires an identity through experience--from a mix of the political aspirations and commitments that express a nation's past and the desire to transcend that past. It is changeable but resistant to its own destruction and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. Jacobsohn argues that the presence of disharmony--both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate--is critical to understnading the theory and dynamics of constitutional identity"--Jacket.

Flags, Color, and the Legal Narrative

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Publisher : Springer Nature
ISBN 13 : 3030328651
Total Pages : 719 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Flags, Color, and the Legal Narrative by : Anne Wagner

Download or read book Flags, Color, and the Legal Narrative written by Anne Wagner and published by Springer Nature. This book was released on 2021-05-24 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: On behalf of Professor Hugh Brady, Director and Senior Fellow, The Flag Research Center at the University of Texas School of Law, "Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique (Springer 2021) has been selected as the recipient of our Gherardi Davis Prize is presented for a significant contribution to vexillological research for the year 2021. This work was selected because of its breadth and depth in examining flags as meaningful transmitters of significant symbolic information concerning the origins, culture, self-image, and values of a society. We believe it represents a signal achievement in the study of flags that sets a new standard for research in the field." The Flag Research Center, founded in 1962, is dedicated to furthering knowledge and advancing understanding of the human need to create and use symbols to express political, cultural, and social ideals through flags and flag-related material culture. The book deals with the identification of “identity” based on culturally specific color codes and images that conceal assumptions about members of a people comprising a nation, or a people within a nation. Flags narrate constructions of belonging that become tethered to negotiations for power and resistance over time and throughout a people’s history. Bennet (2005) defines identity as “the imagined sameness of a person or social group at all times and in all circumstances”. While such likeness may be imagined or even perpetuated, the idea of sameness may be socially, politically, culturally, and historically contested to reveal competing pasts and presents. Visually evocative and ideologically representative, flags are recognized symbols fusing color with meaning that prescribe a story of unity. Yet, through semiotic confrontation, there may be different paths leading to different truths and applications of significance. Knowing this and their function, the book investigates these transmitted values over time and space. Indeed, flags may have evolved in key historical periods, but contemporaneously transpire in a variety of ways. The book investigates these transmitted values: Which values are being transmitted? Have their colors evolved through space and time? Is there a shift in cultural and/or collective meaning from one space to another? What are their sources? What is the relationship between law and flags in their visual representations? What is the shared collective and/or cultural memory beyond this visual representation? Considering the complexity and diversity in the building of a common memory with flags, the book interrogates the complex color-coded sign system of particular flags and their meanings attentive to a complex configuration of historical, social and cultural conditions that shift over time. Advance Praise for Flags, Color, and the Legal Narrative "In an epoch of fragmentation, isolation and resurgent nationalism, the flag is waved but often forgotten. The flag, its colors, narratives, shape and denotations go without saying. The red flag over China, the Star-Spangled Banner, the Tricolore are instantly recognisable and over determined, representing a people, a nation, a culture, languages, legacies, leaders. In this fabulous volume flags are revealed as concentrated, complex, chromatic assemblages of people, place and power in and through time. It is in bringing a multifocal awareness of the modes and meanings of flag and color in public representations that is particular strength. Editors Anne Wagner and Sarah Marusek have gathered critical thinkers from the North and South, East and West, to help know the essential and central - yet often forgotten and not seen - work of flags and color in narratives of nation, conflict, struggle and law. A kaleidoscopic contribution to the burgeoning field of visual jurisprudence, this volume is essential to comprehending the ocular machinery through which power makes, and is seen to make, the world."Kieran Tranter, Chair of Law, Technology and Future, Faculty of Law, Queensland University of Technology, Australia "This comprehensive volume of essays could not be arriving at a more opportune time. The combined forces of climate change, inequality, and pandemic are causing instability and painful recognitions of our collective uncertainties about nationhood and globalism. In the United States, where I am writing these few lines, our traditional red/white/blue flag has been collapsed into two colors: Red and Blue. While these colors have semiotically deep texts, the division of the country into these two colors began with television stations designing how to report the vote count in the 2000 presidential election year creating "red" and "blue" parties and states. The colors stuck and have become customary. We Americans are told all the time by pundits that we are a deeply divided nation, as proven by unsubtle colored maps. To a statistician, we are a Purple America, though the color is unequally distributed. White, the color of negotiation and peace is rarely to be found. To begin to approach understanding the problems flagged in my brief account requires the insight of multiple disciplines. That is what Wagner and Marusek, wonderful scholars in their own work, have assembled as editors -- a conversation among scholars at the forefront of thinking about how flags and colors represent those who claim them thus exemplifying how to resist simple explanations and pat answers. The topic is just too important."Christina Spiesel, Senior Research Scholar in Law, Yale Law School; Adjunct Professsor of Law, Quinnipiac University School of Law, USA "Visuals, such as symbols and images, in addition to conventional textual forms, seem to have a unique potential for the study of a collective identity of a community and its traditions, as well as its narratives, and at the same time, in the expression of one’s ideas, impressions, and ideologies in a specific socio-political space. Visual analysis thus has become a well-established domain of investigations focusing on how various forms of text-external semiotic resources, such as culturally specific symbols, including patterns and colors, make it possible for scholars to account for and thus demystify discursive symbols in a wider social and public space. Flags, Identity, Memory: Critiquing the Public Narrative through Colors, as an international and interdisciplinary volume, is a unique attempt to demystify the thinking, values, assumptions and ideologies of specific nations and their communities by analyzing their choice of specific patterns and colors represented in a national flag. It offers a comprehensive and insightful range of studies of visual and hidden discursive processes to understand social narratives through patterns of colours in the choice of national flags and in turn to understand their semiotic, philosophical, and legal cultures and traditions. Wagner and Marusek provide an exclusive opportunity to reflect on the functions, roles, and limits of visual and discursive representations. This volume will be a uniquely resourceful addition to the study of semiotics of colours and flags, in particular, how nations and communities represent their relationship between ideology and pragmatism in the repository of identity, knowledge and history."Vijay K Bhatia, Chinese University of Hong Kong, Full Professor, Hong Kong "In all societies, colors play a critical function in the realm of symbolism. Nation societies perceive great significance in the colors of flags and national emblems. Colors constitute, in other words, sign systems of national identity. The relation of color codes and their relation to concepts of nationhood and its related narratives is the theme of this marvelous and eye-opening collection of studies. Flags are mini-texts on the inherent values and core concepts that a nation espouses and for this reason the colors that they bear can be read at many levels, from the purely representational to the inherently cultural. Written by experts in various fields this interdisciplinary anthology will be of interest to anyone in the humanities, social sciences, jurisprudence, narratology, political science, and semiotics. It will show how a seemingly decorative aspect of nationhood—the colors on flags—tells a much deeper story about the human condition."Marcel Danesi, University of Toronto, Full Professor of Anthropology, Canada

Constitutional Identity in a Europe of Multilevel Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess

Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2019-10-24 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

National Self-Determination and Justice in Multinational States

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Publisher : Springer Science & Business Media
ISBN 13 : 9048126916
Total Pages : 224 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis National Self-Determination and Justice in Multinational States by : Anna Moltchanova

Download or read book National Self-Determination and Justice in Multinational States written by Anna Moltchanova and published by Springer Science & Business Media. This book was released on 2009-08-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

Egyptian Dream

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Publisher : Edinburgh University Press
ISBN 13 : 1474409326
Total Pages : 244 pages
Book Rating : 4.4/5 (744 download)

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Book Synopsis Egyptian Dream by : Noha Mellor

Download or read book Egyptian Dream written by Noha Mellor and published by Edinburgh University Press. This book was released on 2015-11-12 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the fragmentation in the political scene reflects the increasing social division as an outcry to (re-)define the Egyptian national identity.

Identity Politics Inside Out

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Publisher : Oxford University Press
ISBN 13 : 0190655992
Total Pages : 331 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Identity Politics Inside Out by : Lisel Hintz

Download or read book Identity Politics Inside Out written by Lisel Hintz and published by Oxford University Press. This book was released on 2018-08-28 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trajectory of Turkey's Justice and Development Party (AKP) rule offers an ideal empirical window into puzzling shifts in Turkey's domestic politics and foreign policy. The policy transformations under its leader Recep Tayyip Erdogan do not align with existing explanations based on security, economics, institutions, or identity. In Identity Politics Inside Out, Lisel Hintz teases out the complex link between identity politics and foreign policy using an in-depth study of Turkey. Rather than treating national identity as cause or consequence of a state's foreign policy, she repositions foreign policy as an arena in which contestation among competing proposals for national identity takes place. Drawing from a broad array of sources in popular culture, social media, interviews, surveys, and archives, she identifies competing visions of Turkish identity and theorizes when and how internal identity politics becomes externalized. Hintz examines the establishment of Republican Nationalism in the wake of imperial collapse and examines failed attempts made by those challenging its Western-oriented, anti-ethnic, secularist values with alternative understandings of Turkishness. She further demonstrates how the Ottoman Islamist AKP used the European Union accession process to weaken Republican Nationalist obstacles in Turkey, thereby opening up space for Islam in the domestic sphere and a foreign policy targeted at achieving leadership in the Middle East. By showing how the "inside out" spillover of national identity debates can reshape foreign policy, Identity Politics Inside Out fills a major gap in existing scholarship by closing the identity-foreign policy circle.

The Oxford Handbook of Identities in Organizations

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Publisher : Oxford University Press
ISBN 13 : 0192561944
Total Pages : 944 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Identities in Organizations by : Andrew D. Brown

Download or read book The Oxford Handbook of Identities in Organizations written by Andrew D. Brown and published by Oxford University Press. This book was released on 2020-01-09 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceived as the meanings that individuals attach to their selves, a substantial stockpile of theory related to identities accumulated across the arts, social sciences, and humanities over many decades continues to nourish contemporary research on self-identities in organizations. In times which are more reflexive, narcissistic, and fluid, the identities of participants in organizations are increasingly less fixed and less certain, making identity issues both more salient and more interesting. Particular attention has been given to processes of identity construction, often styled 'identity work'. Research has focused on how, why, and when such processes occur, and their implications for organizing and individual, group, and organizational outcomes. This has resulted in a burgeoning stream of research from discursive, dramaturgical, symbolic, socio-cognitive, and psychodynamic perspectives that most often casts individuals' efforts to fabricate identities as intentional, relational, and consequential. Seemingly intractable debates centred on the nature of identities - their relative stability or fluidity, whether they are best regarded as coherent or fractured, positive (or not), and how they are fabricated within relations of power - combined with other conceptual issues continue to invigorate the field. However, these debates have also led to some scepticism regarding the future potential of identities research. Yet as the chapters in this Handbook demonstrate, there are considerable grounds for optimism that identity, as root metaphor, nexus concept, and means to bridge levels of analysis has significant potential to generate multiple compelling streams of theorizing in organization and management studies.

A Political History of National Citizenship and Identity in Italy, 1861–1950

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Publisher : Stanford University Press
ISBN 13 : 0804787336
Total Pages : 425 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis A Political History of National Citizenship and Identity in Italy, 1861–1950 by : Sabina Donati

Download or read book A Political History of National Citizenship and Identity in Italy, 1861–1950 written by Sabina Donati and published by Stanford University Press. This book was released on 2013-06-26 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the fascinating origins and the complex evolution of Italian national citizenship from the unification of Italy in 1861 until just after World War II. It does so by exploring the civic history of Italians in the peninsula, and of Italy's colonial and overseas native populations. Using little-known documentation, Sabina Donati delves into the policies, debates, and formal notions of Italian national citizenship with a view to grasping the multi-faceted, evolving, and often contested vision(s) of italianità. In her study, these disparate visions are brought into conversation with contemporary scholarship pertaining to alienhood, racial thinking, migration, expansionism, and gender. As the first English-language book on the modern history of Italian citizenship, this work highlights often-overlooked precedents, continuities, and discontinuities within and between liberal and fascist Italies. It invites the reader to compare the Italian experiences with other European ones, such as French, British, and German citizenship traditions.

National Constitutional Identity and European Integration

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Publisher :
ISBN 13 : 9781780681603
Total Pages : 0 pages
Book Rating : 4.6/5 (816 download)

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Book Synopsis National Constitutional Identity and European Integration by : Alejandro Saiz Arnaiz (jurist)

Download or read book National Constitutional Identity and European Integration written by Alejandro Saiz Arnaiz (jurist) and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, 'national constitutional identity' has become the new buzzword in European constitutionalism. Much has been written about the concept involving the Member States' national constitutional identities: it has been welcomed for (finally) accommodating constitutional particularities in EU law, demonized for potentially disintegrating the EU, and wielded as a 'sword' by certain constitutional courts. Scholars, judges, and advocates in general have rendered the concept currently so fashionable and, yet, so ambivalent, that an in-depth analysis is warranted to put some order into the intense debate over constitutional identity. This collection brings together a series of contributions in order to shed some light into the dark corners of constitutional identity. To this end, a threefold approach has been followed: a conceptual or philosophical approach, an approach based on EU law, and an analysis of the case-law of several European courts. First, the book explores what constitutional identity means and who decides on it. Further, the contributions analyze (and at times unveil) the areas that might collide or at least interact with constitutional identity. Among other issues, the book touches upon EU law primacy , Article 53 of the Charter of Fundamental Rights, EU criminal law and the essential functions of the State, and the existence of an EU 'constitutional core' enjoyable and enforceable through EU citizenship. Finally, the book deals with the case-law of European courts on national constitutional identity, including the perspective of various national constitutional courts, such as those of Eastern and Central European Member States, the Court of Justice of the European Union, and the much-less analyzed European Court of Human Rights. (Series: Law and Cosmopolitan Values - Vol. 4)