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Justicia
versão impressa ISSN 0124-7441
Resumo
ALVAREZ RODRIGUEZ, Ignacio. Constitutional identity, constitutional reform and militant democracy. Justicia [online]. 2023, vol.28, n.44, pp.127-146. Epub 30-Dez-2023. ISSN 0124-7441. https://doi.org/10.17081/just.28.44.6863.
Objective:
The main objective of the study is to shed light on the relationship between the notions of constitutional identity, constitutional reform and militant democracy.
Method:
the research has been designed around the logical-discursive format, where arguments supported by doctrine and jurisprudence on the subject are offered, especially for the Spanish case. design, instruments and participants. As main results we can mention the demonstration that constitutional identity is closely linked to the concept of militant democracy, and therefore conditions, whether we like it or not, constitutional reform. That would be the main conclusion that this study shows: States that consider some basic democratic institutions to be indispensable protect them by means of ad hoc constitutional mechanisms.
Palavras-chave : militant democracy; constitutional identity; constitutional reform.