Constitutional identity and the spirit of the Constitution

Abstract

This article presents a detailed analysis of the subordination of norms in the constitutional text. The author resorts to the H. Kelsen’s theory of law to show that there is indeed a hierarchy of provisions in any constitution. Such a vertical system of norms relates to the constitutional identity, which can be called the core of the constitution. As the constitutional identity features the legal order, it must be unamendable. Thus such provisions are on the top of constitution and their legal force is higher. The main conclusion is that the subordination of constitutional norms allows to enforce the constitutional review and makes it more accurate.