11 National ID (3) 16/12/2020
This Wednesday we will be reading about a more “regional” focus on
the notion of constitutional/national identity – the approach of three
(European) national constitutional courts. In the piece by Drinóczi, you will
discover many terms and variations on the word “identity”. Hopefully, we will
be able to unravel them and understand them together.
1) In this week’s reading, Drinóczi uses many terms such as
“constitutional identity”, “national identity” or “collective identity of the
constitutional subject”. Let’s first have a look on the figure on p. 122. Do
you understand all the divisions? Do you agree with them?
2) What about the notion of eternity clauses and the Drinóczi’s
‘scheme’. How does it fit into it?
3) Last week, we
were discussing the example of “shields” and “swords” as metaphors for use of constitutional
identity as arguments. How do you understand the difference in Drinóczi’s text?
(p. 109) Do you find it similar/different to last weeks?
4) Can
constitutional identity be used as an argument for restriction on human rights
protection (as provided by international treaties?) (Hungary case)
5) Is it
possible to change constitutional identity over time in a way which would lower
standard of protection of fundamental rights and the basic principles of
constitutionalism?
6) We have been
already tackling the issue that constitutional/national identity is a concept
mostly associated with the judicial power. Do you see a shift in this approach
in Drinóczi’s text?
7) Who is the
determining authority on interpretation of constitutional identity according to
Drinóczi and according to you? (p. 119)
8) Based on the
reading about Hungary and an article you chose to read on Poland, do you think
that their political actors already managed to change their constitutional
identities? What are some of the difference between the two scenarios?
9) Drinóczi
mentions (p. 121) that Polish constitution, unlike the Hungarian one, contains
an eternity clause. Does it, in the end, make a difference for the political
(governmental) power in regards to changing constitutional identity?
Looking forward
to see & hear you on Wednesday!
Natálie
Assigned reading:
Further reading: (see MS Teams for links to several articles re: Poland)
Class outcomes, pre-Christmas edition:
