ISSN 0201–7385
ISSN 0130–0113
En Ru
ISSN 0201–7385
ISSN 0130–0113
Constitutional identity and constitutional change

Constitutional identity and constitutional change

Abstract

The article reveals the concept of constitutional identity, as well as analyzes the internal and external legal functions of the doctrine of constitutional identity. Constitutional identity is a fundamental quality of the constitution, pointing to its self-identity, it is formalized in a number of constitutional provisions and principles that characterize the basic feature of the constitution and cannot be amend within the framework of its action. The doctrine of constitutional identity performs in the internal and external functions, which are associated with ensuring the material limits of constitutional amendments: the first protects the constitution from unconstitutional amendments; the second protects the constitution from being changed by international law.

PDF, ru

Received: 07/01/2021

Accepted: 08/01/2021

Accepted date: 08/30/2021

Keywords: constitution; constitutional identity; Constitutional Court; constitutional review; constitutional change; international law

Available in the on-line version with: 30.08.2020

To cite this article
Issue 4, 2020