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The concept of constituent power
European Journal of Political Theory, 2013This article examines the meaning and significance of the concept of constituent power in constitutional thought by showing how it acts as a boundary concept with respect to three types of legal thought: normativism, decisionism and relationalism. The concept can be fully appreciated, it suggests, only by adopting a relationalist method.
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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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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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Who, the people? Rethinking constituent power as praxis
Philosophy and Social Criticism, 2022Maxim Van Asseldonk
exaly
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
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
Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power
History of European Ideas, 2021Eoin Daly
exaly
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
The People and Constituent Power
Abstract This chapter offers a brief long durée material intellectual history of ‘the people’ as bearer of constituent power. It engages with the conception of ‘the people’ as embedded in specific socio-political arrangements in the ancient world, republican Florence, seventeenth-century England, the French Revolution, early twentieth-openaire +1 more source