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Constituent Power and Constituent Authority
, 2020 The remaining key definitional question about both constituent powers and constituent authority is: what kind of constitutional change results from an exercise of either kind of a power? Can constituent power (authority) bring about any constitutional change, or is there some definitional restriction?
BARCZENTEWICZ, MIKOLAJ
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Notes on an 'Open' Constituent Power
Law, Culture and the Humanities, 2013 This paper examines the critical responses to the question of constituent power. Instead of providing a foundation for the constituted order, the paper looks at the various ways in which constituent power can be viewed as ‘open’ and undetermined. It looks at two issues in particular: the ‘subject’ of constituent power, and the nature of the ‘power ...
Wall, Illan Rua
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Contemporary Political Theory, 2016 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 ...
Filippo Del Lucchese
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Political Ontology, Constituent Power, and Representation
Critical Review of International Social and Political Philosophy, 2015 Political ontology, constituent power, and ...
Miguel Vatter
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The Abuse of Constituent Power
2021Abstract This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace their constitution, while limiting the ability of ‘constituted’ institutions to make fundamental changes.
Rosalind Dixon, David Landau
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Ignorance and the Constituent Power
2022Abstract This chapter finds that the Berkshire Constitutionalists’ unique site justification is unpersuasive because of voter ignorance. According to this justification, a ratification referendum should be implemented because it serves as the sole site of constituent power, meaning that it uniquely enables the people to create a ...
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Hybrid Constituent Power as a Subcategory of the Original Constituent Power
2023Carina Barbosa Gouvêa +1 more
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2020
Abstract This chapter examines two related traditions of thought that reject the existence of an extra-legal constituent power or deprive it of one of its main features. The first of these traditions, the doctrine of the historical or internal constitution, presented a direct challenge to the theory of constituent power.
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Abstract This chapter examines two related traditions of thought that reject the existence of an extra-legal constituent power or deprive it of one of its main features. The first of these traditions, the doctrine of the historical or internal constitution, presented a direct challenge to the theory of constituent power.
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2020
Abstract This chapter addresses the question of why a theory of constituent power in the EU is needed. While the EU has long since taken on a constitutional character, this is in no way reflected in adequate popular participation in decisions about its basic legal order.
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Abstract This chapter addresses the question of why a theory of constituent power in the EU is needed. While the EU has long since taken on a constitutional character, this is in no way reflected in adequate popular participation in decisions about its basic legal order.
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