The Jurisprudence of Particularism
National Identity Claims in Central Europe
Published on 28. November 2024
Book
Paperback/Softback
256 pages
978-1-5099-6016-3 (ISBN)
Description
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.
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Reviews / Votes
I wholeheartedly recommend this book to anyone fascinated with the constitutional laws of Central Europe as well as to those studying the rule of law backsliding in the EU. Many chapters of this book may provide food for thought for scholars specialised in comparative law and inform their research * British Association of Comparative Law Blog *More details
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 232 mm
Width: 154 mm
Thickness: 14 mm
Weight
380 gr
ISBN-13
978-1-5099-6016-3 (9781509960163)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Kriszta Kovacs is a Marie Sklodowska-Curie Fellow at the Center for Global Constitutionalism, Wissenschaftszentrum Berlin, and Associate Professor, ELTE University, Budapest, Hungary.
Content
Introduction: Identity, the Jurisprudence of Particularism and Possible Constitutional Challenges
1. The Exploitation of Constitutional Identity
2. Identity and Eternity: The German Concept of Constitutional Identity
3. From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and Identity Discourse
4. Instruments and Elements of Particularism in the Context of Constitutional Identity: the Czech Constitutional Court
5. A Constitutional Identity Transplant and Abuse: A Decade After the Polish Lisbon Treaty Case
6. Reconceptualising Hungary's Constitutional Identity
7. The Constitutional Dimension of Europe
8. Un-European Constitutional Identity Claims
1. The Exploitation of Constitutional Identity
2. Identity and Eternity: The German Concept of Constitutional Identity
3. From Minimalism to the Substantive Core and Back: The Slovak Constitutional Court and Identity Discourse
4. Instruments and Elements of Particularism in the Context of Constitutional Identity: the Czech Constitutional Court
5. A Constitutional Identity Transplant and Abuse: A Decade After the Polish Lisbon Treaty Case
6. Reconceptualising Hungary's Constitutional Identity
7. The Constitutional Dimension of Europe
8. Un-European Constitutional Identity Claims