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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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Dialectics of Constituent Power
2014The concept of constituent power of the people has played a central role in forming political modernity. It was initially articulated in the context of the early modern revolutions as a way to express liberation from the old regime and the fundamental idea that the people are free to shape the polity by adopting a constitution.
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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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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
Who, the people? Rethinking constituent power as praxis
Philosophy and Social Criticism, 2022Maxim van Asseldonk
exaly
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