Results 241 to 250 of about 83,907 (288)
, 2020 Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of ‘the people’ in constitutional democracies to the forefront.
Matilda Arvidsson +2 more
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, 2004 The concept of constituent power emerges alongside that of the modern documentary constitution. It expresses the conviction that the authority of the constitution rests on its having been drafted in the name of ‘the people’ who, through an exercise of ...
Loughlin, Martin
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, 2018 This chapter argues that scholarly debates about constituent power presuppose a distinction between constituent power and constitutional form that is neither theoretically compelling nor practically illuminating. In contrast to constitutionalists, it argues that constituent power is inexhaustible, the revolution not being reducible to an event and thus
Nimer Sultany
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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
SSRN Electronic Journal, 2013 This article examines critical responses to the question of constituent power. Rather than a closed, meaning-giving moment, which originates the constitutional structure, the article looks at the various ways in which constituent power can be viewed as ‘‘open’’ and anti-underdetermined.
Wall, Illan Rua
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Democratizing constituent power
Journal of Legal Philosophy, 2023 Constituent power (CP) theory is potentially at odds with common assumptions about the inviolability of formal ...
Levy, Ron
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On Constituent Power. An Exchange
Politica & SocietàConstituent power is the power a subject has for establishing (amending, repealing) constitutional norms. In modern democracies, this power is entrusted to a controversial entity, namely “the people”, the object of Ferrara’s investigation. The following
Alessandro Ferrara +3 more
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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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