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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 +5 more sources
Constituent Power in Socialist Regimes
German Law JournalThe 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 +3 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
SO(3) invariance and covariance in mixtures of simple bodies [PDF]
, 2004 We adapt to mixtures the procedure of invariance of external power under the action of SO(3) to deduce balance equations. The two classical axioms about the growths of momentum and moment of momentum are derived with the help of a rule on the structure ...
Capriz +12 more
core +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
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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
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Collective Action, Constituent Power, and Democracy: On Representation in Lindahl’s Philosophy of Law [PDF]
, 2019 This contribution develops two objections to Hans Lindahl’s legal philosophy, as exhibited in his Authority and the Globalization of Inclusion and Exclusion.
Fossen, Thomas
core +3 more sources
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