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Spinoza and constituent power [PDF]

Contemporary Political Theory, 2015
This article considers Baruch Spinoza’s contribution to a theory of constituent power. Modern theories of constituent power generally agree on its paradoxical essence: a power that comes before the law and founds the law is at the same time a power that, once the juridical sphere is established, has to be obliterated by the law.
Filippo Del Lucchese
exaly   +7 more sources

Constituent Power in Socialist Regimes

German Law Journal
The twenty-first century has witnessed the global resurgence of constituent power—the power to make a constitution—in both academic debate and the practice of constitutional adjudication and design.
Ngoc Son Bui
doaj   +5 more sources

Hannah Arendt; The Constitution and Constituent Power [PDF]

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2023
IntroductionAlthough Hannah Arendt cannot be called a theorist of constitutional law, her brilliant reflections on some legal concepts have given her thought a special dimension.
Fardin Moradkhani
doaj   +1 more source

The Idea of Direct Democracy in the Constitution of the First Republic of Georgia [PDF]

Journal of Constitutional Law, 2021
One century has passed since the adoption of the Constitution of Georgia of 21 February 1921. Until now the 1921 Constitution remains as a document, which simply plays the role of the mythological foundation of legitimation, leading to the thwarting of ...
Vakhtang Menabde
doaj  

Between Constituent Power and Constituent Authority

Oxford Journal of Legal Studies, 2021
Abstract This review article offers a critical appraisal of Joel Colón-Ríos’s Constituent Power and the Law. It argues that while Colón-Ríos’s book is undoubtedly a major advance in scholarship on constituent power, it leaves the reader wanting more illumination in its treatment of the relationship between the descriptive and the ...
George Duke, Elisa Arcioni
openaire   +1 more source

Populist constitutionalism and constituent power

German Law Journal, 2019
Constituent power is a helpful component of constitutional theory because it provides a conceptual and potentially normative explanation of how a new constitution can be made without any existing legal authority to do so.
Oran Doyle
doaj   +1 more source

The Democratic Legitimacy of Constituent Referendum(s) in Constitution-Making Process Within The Scope of Turkish Constituent Referendum Experiences

Baltic Journal of Law & Politics, 2022
The referendum experiences of each state vary according to their democratic background, development, and welfare level. Accordingly, it becomes hard to adopt a uniformed approach towards the issue and necessitates questioning the democratic value of each
Bagceci Hamide
doaj   +1 more source

Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)?

Law: Journal of the University of Latvia, 2018
The contribution reacts to various thoughts about the present state of constitutionalism in the V4 countries. The author argues that the constitutional court, an institutional check on majoritarian decision-making, has been an indispensable component of
Kamil Baraník
doaj   +1 more source

On the problem of the constitutional and legislative referendums in Ukraine

Проблеми Законності, 2013
Іn the article the main problems of constitutional and legislative regulation of the procedure for initiating and carrying out all-Ukrainian referendum.
К. О. Павшук
doaj   +1 more source

From the Distinction between Friend and Enemy to the Manifestation of Concrete Will: Schmitt's Sovereignty in the Dialectic of the Political and the Legal [PDF]

پژوهشنامه حقوق تطبیقی
Ignoring the political aspect of sovereignty forms a significant part of the legal and political discourse. But, Schmitt teaches us that the ruler's ability to set aside legal norms when an exception occurs, rather than using authority through these ...
Mahdi Moradi Berelian, Mohammad Tangestani   +1 more
doaj   +1 more source