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Whose Constituent Power Is It?
Ferrara maintains that constituent power – i.e., the power to issue a constitution – needs a sovereign actor endowed with singular intentionality, because neither a law nor a constitution can establish itself. At least fifty-three actual constitutions around the world claim authorship on behalf of “the people” for their articles.openaire +1 more source
Abstract The core meaning of constituent power resonates with many historical traditions of Indigenous political thought and practice. Indigenous peoples continue to exercise constituent power through the (re-)constitution of political orders at multiple scales of governance, from the local to the global.
Melissa S. Williams, Dale A. Turner
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Melissa S. Williams, Dale A. Turner
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Pluralizing Constituent Power?
Abstract The concept of the plurinational state adds a new layer of complexity to debates concerning constituent power. ‘Plurinational state’ is a descriptive term emerging from empirical observations by contemporary political scientists, sociologists, and historians who have described how the re-emergence of sub-state nationalism ...openaire +1 more source
Referendums and Constituent Power
Abstract Referendums are part of constitution-making processes in contemporary political practice in various contexts. They are empirically successful in effectively bringing about constitutional changes. But are they a normatively legitimate way to exercise constituent power?openaire +1 more source
Who, the People? Rethinking Constituent Power as Praxis
Philosophy and Social Criticism, 2022Maxim van Asseldonk
exaly
Emergency and Constituent Power
Abstract Because constituent and emergency power seem, first, existential and second, adjacent to—rather than bound by—institutions, they are often conflated. I argue that this conflation is both false and dangerous. Emergency, in contrast to constituent power, has an institutional source and legal boundaries.openaire +1 more source
Alchemising Peoplehood: Rousseau’s Lawgiver as a Model of Constituent Power
History of European Ideas, 2021Eoin Daly
exaly
The Constituent Power of Nature
Abstract This chapter explores whether the concept of constituent power can be extended beyond human agents and whether ‘nature itself’ can exercise such power. It questions whether the traditional understanding of constituent power, which is vested in human beings, is any longer sufficient in the face of the ecological crises of the ...openaire +1 more source