The Relational Identity of Inclusion
摘要
This chapter examines the concept of relational identity of inclusion within the context of plural International Law. It analyses the European Union’s proposal of a new identity paradigm grounded in respect for the Other, as opposed to one based on assimilation. This methodology stands in contrast to exclusionary notions of State sovereignty and encourages a conflictual yet integrative dialogue. The chapter traces the development of constitutional identity in Europe, emphasising the interaction between national and European legal systems. It further considers the ongoing tension between the rise of populism and the imperative for a community identity rooted in shared values. The discussion of relational identity is specifically confined to the legal sphere, focusing on the dialogue between the European Union court and national judiciaries.