Constitutional Identities and Traditions: A Conundrum for Comparative Lawyers

Abstract

This paper elaborates upon a novel understanding of the interaction between constitutional traditions common to the Member States of the European Union and their domestic identity through comparative methodology. It puts forward a bottom-up understanding of identities through comparative case law, while grasping their potential contribution to the content of common traditions. It connects these issues to the ongoing discussion on the values of the EU through a circular model of mutual influence.