August 26, 2025European Law OpenOpen Access

Constitutional identity vs fundamental rights: a false tension?

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Constitutional identity presupposes respect for fundamental rights rather than limits them, fostering a harmonious relationship between the two.
The analysis develops a conception of constitutional identity as a community's normative commitments influenced by shared experiences.
Different constitutional identities can emerge, yet they must respect fundamental rights to be credible reflections of community experience.
A deeper understanding allows for better engagement with constitutional identity claims, emphasizing the internal nature of fundamental rights.

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This article examines how constitutional identity aligns with fundamental rights, suggesting they jointly reinforce community values.

Boško Tripković (2025) studied this question.

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