Results 11 to 20 of about 7,203,774 (334)
The complacency of legality: Constitutionalist vulnerabilities to populist constituent power
German Law Journal, 2019 What role do public law and liberal constitutionalism play in an era of political populism? This article approaches this question by exploring the concept of constituent power in the light of recent constitutional developments in countries with populist ...
Julian Scholtes
doaj +2 more sources
Constituent power and its institutions [PDF]
Contemporary Political Theory, 2021 At least since the French Revolution, the idea of constituent power has been used to indicate the power the people have to create legal-political orders.
Colón-Ríos J +5 more
europepmc +2 more sources
How (Not) to Break Up: Constituent Power and Alternative Pathways to Scottish Independence. [PDF]
Oxf J Leg Stud, 2023 In October 2022, the UK Supreme Court unanimously held that the Scottish Parliament lacks the power to legislate for a second referendum on Scottish independence (Indyref 2) absent an enabling Order by the UK government under section 30 of the Scotland ...
Fasel RN, Stark SW.
europepmc +2 more sources
Can the people exercise constituent power?
International Journal of Constitutional Law, 2023 Contemporary constitutional theorists sometimes use the phrase “the constituent power of the people” in a way that is, on closer examination, ambiguous.
George Duke
semanticscholar +1 more source
Global Constitutionalism, 2023 In this article, I ask about the extent to which the Conference on the Future of Europe (CoFoE) has advanced democracy in the European Union. I critically engage with the claim that the CoFoE’s success should not be measured by whether it enabled ...
Markus Patberg
semanticscholar +1 more source
Looking beyond the constituent power theory: The theory of equitable elite bargaining
Global Constitutionalism, 2023 The constituent power theory, which served critical functions for several years, has outlived its utility as the preeminent yardstick to measure the normative legitimacy of a constitution.
Amal Sethi
semanticscholar +1 more source
Natural Rights, Constituent Power, and the Stain of Constitutionalism
Social Science Research Network, 2023 The power to make constitutions (the so‐called constituent power) is predominantly understood today as a legally unlimited power belonging to the people.
Raffael N. Fasel
semanticscholar +1 more source
Manifestos as constituent power: Performing a feminist revolution
Global Constitutionalism, 2022 Women use a multiplicity of forms and methods to articulate harms and claim political spaces. Among these are manifestos.1 Women’s manifestos are concomitant with both political convulsion and the enduring, mundane inequalities faced by women; they play ...
R. Houghton, Aoife O’Donoghue
semanticscholar +1 more source
The Idea of Discursive Constituent Power
Jus Cogens, 2021 The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power.
M. Fichera
semanticscholar +1 more source
Res Publica, 2021 In this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I ...
Aliénor Ballangé
semanticscholar +1 more source