The jurisprudence of particularism : : national identity claims in Central Europe / / edited by Kriszta Kovács.

• TeilnehmendeR: Kovács, Kriszta,
• Place / Publishing House: London : : Bloomsbury Academic,, 2023.
• Year of Publication: 2023
• Language: English
• Physical Description: 1 online resource (288 pages)

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.

Table of Contents

Introduction : identities, the jurisprudence of particularism and possible constitutional challenges / Kriszta Kovács -- The exploitation of constitutional identity / Gary Jeffrey Jacobsohn -- Identity and eternity : the German concept of constitutional identity -- From minimalism to the substantive core and back : the Slovak Constitutional Court and (the lack of) constitutional identity / Katarína Šipulová and Max Steuer -- Instruments and elements of particularism in the context of constitutional identity : the Czech Constitutional Court / Miluše Kindlová -- Constitutional identity in Poland : transplanted and abused / Michał Ziółkowski -- Reconceptualising constitutional identity : the Case of Hungary / Kriszta Kovács -- Un-european identity claims : on the relationship between constituent power, constitutional identity and its implications for interpreting Article 4(2) TEU / Mattias Kumm -- Constitutionalism today : the prospects of the European constitutional community / Susanne Baer, Kriszta Kovács and Maya Vogel.