身份重要吗?

IF 0.3 Q4 LAW
L. Csink
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引用次数: 0

摘要

在英国脱欧运动期间,脱欧支持者认为他们的主权是无价的。他们的意思是,英国在欧盟内外的地位不应该仅仅由经济原因来决定。这场战役取得了成功,现在王国正在为她的主权付出代价。2015年,匈牙利政府决定禁止商店在周日营业,这违背了企业和消费者的愿望。政府觉得这项措施太有象征意义了,太接近于它的身份,所以它不尊重任何批评。政府为这项措施不受欢迎付出了政治代价。后来,政府意识到风险太高,撤回了这项立法。这些事件清楚地表明,保持身份总是要付出代价的。这种代价可以是经济上的,也可以是政治上的。问题是各国政府是否准备为此付出代价。如果仅仅是经济和政治方面的期望就凌驾于象征性问题之上,这似乎是不恰当的。如果政府出于象征性的原因,把国家的全部财富都捐出去,这也是不可接受的。必须始终考虑身份的成本,以及是否值得为此付出代价。这个问题可以通过有两个因素的身份测试来回答:首先,这个问题有多重要(它与身份有多接近),以及身份的代价是否与经济、政治代价成正比。问题越重要,付出的代价就越大。相反,经济或政治代价越大,人们就应该越谨慎。本文总结了宪法认同的最基本信息,分析了匈牙利宪法——《基本法》认同的因素,并特别关注当代认同之争。宪法认同不是一个严格不变的现象,而是一个不断发展的过程。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Does identity matter?
During Brexit campaign leave supporters reckoned that their sovereignty is priceless. They meant that Britain’s status within or outside the European Union should not be decided upon economic reasons only. The campaign was successful and now the Kingdom is paying the price of her sovereignty. In Hungary in 2015 the government decided to ban shops to open on Sundays which was against the aspirations of both enterprises and consumers.  The government found the measure so symbolic, so close to its identity that it did not respect any criticism. The government paid the political price of the unpopularity of the measure. Later on the government realised that the stake was too high and withdrew the piece of legislation. Such events clearly highlight that maintaining identity always has its price. Such price can be either economic or political. The question is if governments are ready to pay the price. It does not seem proper if mere economic and political expectations overrule symbolic issues. Neither it is acceptable if the government gives the nation’s entire fortune for symbolic reasons. It must always be considered how much identity costs and if it is worth paying the price.  The question can be answered upon the identity test that has two factors: first how important the issue is (how close it is to identity) and if the price of identity is proportionate to the economic, political price. The more important the issue is the greater price can be paid. And conversely, the greater the economic or political price is, the more cautious one should be. The present article sums up the most basic information on constitutional identity and analyses the factors of the identity of the Hungarian constitution, the Basic Law, with special attention to the contemporary identity debate. It argues that constitutional identity is not a strict and non-changing phenomenon but rather the procedure of continuous development.
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来源期刊
CiteScore
0.30
自引率
0.00%
发文量
16
审稿时长
10 weeks
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