KOSAŘ, David and Ladislav VYHNÁNEK. Constitutional Identity in the Czech Republic: A New Twist On An Old Fashioned Idea. In C. Calliess & G. Van der Schyff. Constitutional Identity in a Europe of Multilevel Constitutionalism. Cambridge: Cambridge University Press. p. 85-113. ISBN 978-1-108-61625-6. doi:10.1017/9781108616256.005. 2019.
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Basic information
Original name Constitutional Identity in the Czech Republic: A New Twist On An Old Fashioned Idea
Authors KOSAŘ, David (203 Czech Republic, belonging to the institution) and Ladislav VYHNÁNEK (203 Czech Republic, guarantor, belonging to the institution).
Edition Cambridge, Constitutional Identity in a Europe of Multilevel Constitutionalism, p. 85-113, 29 pp. 2019.
Publisher Cambridge University Press
Other information
Original language English
Type of outcome Chapter(s) of a specialized book
Field of Study 50501 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
Publication form printed version "print"
RIV identification code RIV/00216224:14220/19:00110950
Organization unit Faculty of Law
ISBN 978-1-108-61625-6
Doi http://dx.doi.org/10.1017/9781108616256.005
Keywords (in Czech) ústavní identita; ústavní soud; primát práva EU
Keywords in English constitutional identity; constitutional court; supremacy of EU law
Tags rivok, topvydavatel
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 6/4/2021 14:21.
Abstract
This chapter deals with the concept of constitutional identity as it is understood in the Czech Republic. First, it defines the content of the ‘legal’ constitutional identity developed by the Czech Constitutional Court and the process of its formation in court case law. Subsequently, the chapter explores the normative effects of the judicially created Czech constitutional identity, especially in relation to the European Union (EU) and the principle of the primacy of EU law. Finally, it problematises the concept of Czech constitutional identity, introducing the ‘popular’ strand, which goes beyond the constitutional text and is built around formative historical events in Czech(oslovak) history. The authors argue that it is here where the gap between the ‘legal’ constitutional identity and the ‘popular’ constitutional identity is growing, with significant repercussions for the Czech constitutional order as well as for its relationship with EU law.
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