The Abuse of Constitutional Identity in the European Union

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Julian Scholtes (Lecturer in Public Law, Lecturer in Public Law, University of Glasgow)

The Abuse of Constitutional Identity in the European Union

Julian Scholtes (Lecturer in Public Law, Lecturer in Public Law, University of Glasgow)

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English

Oxford University Press
01 September 2023

Comparative law; Constitutional & administrative law

Series: Oxford Studies in European Law

The idea of constitutional identity has been central to the negotiation of authority between EU and national constitutional orders. Many national constitutional courts have declared that the reach of EU law is limited by certain core elements of the national constitution, often labelled 'constitutional identity'. With the rise of illiberal democracies within the EU, the idea of constitutional identity has increasingly come under criticism, being seen as easily embedded in authoritarian, nativist rhetoric and vulnerable to being abused.

In The Abuse of Constitutional Identity in the European Union, Julian Scholtes provides novel insights into how European authoritarians have utilised the concept of constitutional identity to further their illiberal goals. Employing a comparative theoretical perspective, his book identifies the factors behind legitimate constitutional identity claims and critically analyses the ways in which these claims can be abused. Scholtes examines abuses of constitutional identity in three distinct theoretical dimensions: generative, substantive, and relational. The generative dimension looks at how constitutional identity claims come about, while the substantive dimension examines a claim's broader relation to a normative theory of constitutionalism. The relational dimension, on the other hand, considers how constitutional identity claims are advanced and whether they are employed as a means of constitutional dialogue or constitutional disengagement.

By: Julian Scholtes (Lecturer in Public Law Lecturer in Public Law University of Glasgow)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 163mm, Spine: 16mm
Weight: 488g
ISBN: 9780198883173
ISBN 10: 019888317X
Series: Oxford Studies in European Law
Pages: 240
Publication Date: 01 September 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Dr Julian Scholtes is currently working as Lecturer in Public Law at the University of Glasgow. His research interests lie in European constitutional law, comparative constitutional law, and constitutional theory. Scholtes obtained his PhD in Law from the European University Institute and previously worked as Lecturer in EU and Public Law at Newcastle University.

Reviews for The Abuse of Constitutional Identity in the European Union

As an avid reader of the literature on European and comparative constitutional law, I can only recommend this book. It absolutely should not be missing from your library, both for its scholarly importance and for the crucial civic function it fulfils. * Giuseppe Martinico, Comparative Constitutional Studies, Vol. 1 No. 1 *

Winner of Julian Scholtes is recipient of the 2023 Mauro Cappelletti Prize for the Best Doctoral Thesis in Comparative and European Law, including comparative approaches to protection of fundamental and human rights..
Winner of Winner, 2023 Mauro Cappelletti Prize.