Blog of the International Journal of Constitutional Law

Tag: Constitutional Identity

  • Protection of Constitutional Identity as a Legitimate Aim: Savickis and Others v. Latvia in the European Court of Human Rights

    —Ignatius Yordan Nugraha, PhD Research Fellow, Hasselt University On 9 June 2022, the Grand Chamber of the European Court of Human Rights (ECtHR) pronounced its judgment in the case of Savickis and Others v. Latvia, which concerns differential treatment between Latvian citizens and “permanently resident non-citizens” (nepilsoņi) with regard to the calculation of pension.

  • Understanding Identity and the Legacy of Empire in European Constitutionalism: The Case of Hungary

    —Marina Bán, Postdoctoral Researcher, Centre of Excellence for International Courts, and Jennifer Pullicino Orlando, PhD Student, University of Copenhagen Introduction Hungary’s 2011 Fundamental Law is exemplary of mnemonic constitutionalism and the shaping of identities through the deployment of a defensive nationalism.

  • The Hungarian Constitutional Court on the Limits of EU Law in the Hungarian Legal System

    —Tímea Drinóczi, University of Pécs, Hungary Last month, on November 30, just one week after the Seventh Constitutional Amendment had failed,[1] the Constitutional Court declared in its ruling 22/2016 (XII. 5.) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary (FL) infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.

  • Entrenching and Undercutting

    —Adam Perry, Associate Professor and Tutor in Law, University of Oxford Nick Barber has an article titled ‘Why Entrench?’ coming out in the International Journal of Constitutional Law (available on SSRN). Among other things, the article is about the kinds of entrenchment there are, the reasons there are for entrenchment, and how the two match up.

  • I-CONnect Video Interview Series: Jean-Philippe Derosier on National Limits to European Integration

    –Richard Albert, Boston College Law School In this latest installment of our video interview series at I-CONnect, I interview Jean-Philippe Derosier on the subject of national constitutional limits to European Integration. The subject of our discussion is his recent book, published in May 2015, entitled “Les limites constitutionnelles à l’intégration européenne,” a comparative study of limits that the French, German and Italian Constitutions establish to European integration.