The Abuse of Constitutional Identity in the European Union

European Union Law

The Abuse of Constitutional Identity in the European Union

By Julian Scholtes
Oxford University Press September 2023

Specifications

ISBN-13
9780198883173
Publisher
Oxford University Press
Publication
September 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused in bad faith.

In The Abuse of Constitutional Identity in the European Union

Table of Contents

1:Introduction
2:Constitutional Identity in the European Union
3:Critiques of Constitutional Identity
4:Generative Abuse of Constitutional Identity
5:Substantive Abuse of Constitutional Identity
6:Relational Abuse of Constitutional Identity
7:Conclusion
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