August 26, 2025European Law OpenOpen Access

Constitutional identity vs fundamental rights: a false tension?

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This article examines the interplay between constitutional identity and fundamental rights, suggesting mutual respect is essential.

Respect for fundamental rights is not a limitation on constitutional identity, but a core requirement for its credibility.
The conception of constitutional identity involves a community's shared experiences and normative commitments to authority.
Different interpretations of fundamental rights can pose challenges, yet they remain integral to the understanding of constitutional identity.
This work aims to foster productive discussions about constitutional identity by emphasizing its connection to fundamental rights.

Boško Tripković (2025) studied this question.

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