Differences in Approaches to the Nature of Constitutional Identity: Analysis of Non-Positivism Interpretational Models

The article deals with the issue of ambiguity in the understanding of constitutional identity, which is directly related to understanding the nature of constitutional identity. The author states significant differences in the interpretation of constitutional identity, both in judicial practice and in doctrine. The author also believes that the conceptualization of constitutional identity depends on the inclusion in it of various aspects closely related to national identity. The article analyzes other points of view based on a clear distinction between national and constitutional identity. The author believes that each of the approaches has its strengths and weaknesses. However, the heuristic merits of the non-positivist point of view on the nature of constitutional identity are much less likely to fall into the field of vision of domestic researchers. Understanding constitutional identity as a form of representation of national culture allows us to raise questions that were previously beyond the attention of researchers, expanding the possibilities of theoretical understanding of the uniqueness of a particular national legal order.

constitutional identity, national identity, differentiation of approaches