What are the features of constitutional identity? Why does constitutional identity matter, and more particularly how does it relate to democracy and legitimacy?
Who is, or who are, the bearers of this identity? Constitutional patriotism was initially developed in post-war Germany. However, the concept achieved unexpected popularity in the late s when it started being used as a normative model for understanding European identity building — as the civic basis of identification with a supranational political community.
This paper addresses the complexities of European Human Rights Law due to its dual nature, namely, the international law nature of its basis and the constitutional law nature of its content. Having regard to the level of interplay between these two dimensions, one formal and the other essential, the author concludes that European Human Rights Law is of supranational nature, which is furthermore confirmed by considerations of its normativity. The following four contributions address the topic of European constitutionalism from a political and philosophical point of view.
It must not be forgotten, as Habermas himself reminds us, that the beginning of European public spheres coincided with an affirmation of nationality. Whereas the nation-states of the Old Regime were in fact feudal multinationals, in and then in nationalities were associated with the awakening of political public opinion.
How does this problem look in a globalized world order in which the role of the sovereign national states is undermined by the structural changes brought about by the reproduction of capital?
Alexandre Dupeyrix Paris-Sorbonne University recalls that Kantian cosmopolitanism was for a long time considered the model of supranational citizenship. This contribution sheds light on the conditions required for such a new order and addresses in particular the issues of identity and sovereignty. One of the difficulties the European project seems confronted with is the lack of any European identity.
But what kind of identity are we talking about? Cultural or political identity? And how might these two aspects of identity be matched? As for the concept of sovereignty, it seems to be one of the two pillars with human rights of a modern democracy: can the EU be a democratic order if sovereignty within the Union is divided, shared or progressively dissolved?
Patrice Canivez University of Lille deals with the type of multiculturalism that is unique to Europe and analyses the relationship between such multiculturalism and the European political integration process. Search within book. Subscriber sign in You could not be signed in, please check and try again. Username Please enter your Username. Password Please enter your Password. Forgot password? You could not be signed in, please check and try again.
Sign in with your library card Please enter your library card number. If you think you should have access to this title, please contact your librarian. All rights reserved. Powered by: Safari Books Online. Newsletter Stay informed Subscribe to our newsletter. Free resources. Constitutional Law. Format : Paper PDF. ISBN Author s : G.
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