Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • 6 - Constitutional Identity in Denmark

  • from Part II - Constitutional Identity and Its Member State Law Dimension
  • Edited by Christian Calliess, Freie Universität Berlin, Gerhard van der Schyff, Universiteit van Tilburg, The Netherlands
  • Book:
    Constitutional Identity in a Europe of Multilevel Constitutionalism
    Published online:
    03 October 2019
    Print publication:
    24 October 2019, pp 114-133

  • Summary

    Traditionally, Danish case law, academic literature, and other sources do not refer directly to ‘constitutional identity’. However, this absence of the term constitutional identity does not mean that Denmark has none. What it does mean is that it must be extracted from an interpretation of the Constitution, case law, and other sources. Seen in light of the different models of national separation of power in the EU Member States, this chapter challenges the common assumption that constitutional courts and supreme courts are the definers of national constitutional identity in relation to Article 4(2) TEU. In some Member States, the courts are very active in defining constitutional identity, but in others with strong parliaments and more reluctant courts, this is not the case. In order to secure equality between the Member States, we will have to accept that institutions other than courts can be the definers of constitutional identity, depending on the national model for separation of powers.