The Dialectics Between Constitutional Identity and Common Constitutional Traditions: Which Language for Cooperative Constitutionalism in Europe?

What is it about?

European courts, starting from the Court of Justice of the European Union, should rely upon the notion of common constitutional traditions more often and more effectively than they have already done in the past. The theoretical background behind constitutional traditions allows reconfiguring the relationship between legal orders in non-hierarchical terms.

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Why is it important?

The theoretical approach followed in this article may provide a solution to the increasing conflicts between courts generated by constitutional identity reasoning, especially in times of populism.