CONSTITUTIONAL IDENTITY CONCEPT IN MOTIVATING THE DECISIONS OF CONSTITUTIONAL COUTRS Cover Image

CONCEPTUL DE IDENTITATE CONSTITUŢIONALĂ ÎN MOTIVAREA DECIZIILOR CURŢILOR CONSTITUŢIONALE
CONSTITUTIONAL IDENTITY CONCEPT IN MOTIVATING THE DECISIONS OF CONSTITUTIONAL COUTRS

Author(s): Oksana Şcerbaniuk
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial arguments; constitutional identity; Constitutional Court; court decisions;

Summary/Abstract: This article analyzes the nature of constitutional identity. Constitutional identity is a set of basic constitutional provisions that form a significant (immutable, substantial) nucleus of the Constitution. Constitutional identity is a set of constitutional provisions that express the peculiarities of a certain constitution, and making changes to which actually indicates the termination of its action in the original form). In our opinion, it is impossible to reduce the constitutional identity to a set of positive norms, and it is also necessary to consider A to calculate the constitutional traditions and constitutional values, which are divided by society, and the interpretation of the bodies of constitutional judicial control.

  • Issue Year: 2021
  • Issue No: 08
  • Page Range: 19-29
  • Page Count: 11
  • Language: Romanian