The problem of protection of national constitutional identity in integration processes
DOI:
https://doi.org/10.46282/blr.2019.3.1.133Keywords:
constitutional identity, national identity, national constitutional values, the role of the Constitutional Court, integration processAbstract
The problem of protecting the constitutional identity, in contents of modern constitutional developments, becomes a top discussed topic by lawyers. We share the opinion of scholars that the constitutional identity is the manifestation of the national and political identity of the society, which is reflected in the content of the Constitution. Having a millennium history, including a rich legal history, Armenia is probably one of the states that, according to geopolitical situations and historical circumstances has very often had to defend its national, including constitutional identity. The report presents specific historical examples. Nowadays Armenia is actively integrating into globalization processes: on the one hand we join the Eurasian Economic Union, on the other hand, conclude a Comprehensive and Enhanced Partnership Agreement with the EU. These circumstances are new challenges for our country. The report also highlights the importance of the role of the Constitutional Court of the Republic of Armenia in maintaining the constitutional identity and in legal protection of national constitutional values.
References
SAJO, A., UITZ, R. The constitution of freedom an introduction to legal constitutionalism. Oxford university press. 2017, pp. 63 – 67. DOI: https://doi.org/10.1093/oso/9780198732174.001.0001
HARUTYUNYAN, G. The epistemological and axiological characteristics of constitutional identity of a human being. [online]. Available at http://concourt.am/armenian/structure/president/articles/article-january2018.pdf.
Decision SDV-350 of the Constitutional Court of RA.
Decision SDV-1175 of the Constitutional Court of RA.
Decision SDV-1381 of the Constitutional Court of RA.
Parliamentary Assembly Council of Europe Opinion No. 221(2000).
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