Publication details
Ústavní identita České republiky
| Title in English | Constitutional Identity of the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | constitutional identity; eternity clause; constitutionalism; Constitutional Court of the Czech Republic |
| Attached files | |
| Description | This article deals with the Czech constitutional identity. First, it defines the content of a thin and thick versions of the ‘legal’ constitutional identity developed by the Czech Constitutional Court as well as a ‘popular’ conceptualization of Czech constitutional identity, which goes beyond the constitutional text and is built around formative historical events in Czech(oslovak) history. Subsequently, it 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. It argues that an open conflict between the Czech constitutional identity, as it is understood by the Czech Constitutional Court, with the EU law is unlikely in the near future. Finally, this article shows that the gap between the ‘legal’ constitutional identity and the ‘popular’ constitutional identity is growing, which has significant repercussions for the Czech constitutional order. It argues that there are two ways how to address this situation – to forge a strong sense of constitutional patriotism among the people, and to enhance participatory mechanisms through which the people can participate in developing the Czech constitutional identity. |