Results 271 to 280 of about 7,203,774 (334)

Clownstitutionalism: Making a Joke of the Constitution by Abuse of Constituent Power

Social Science Research Network, 2023
In the era of populism and democratic backsliding, more and more political actors have been using formal amendment procedures to undermine constitutionalism.
Yaniv Roznai
semanticscholar   +1 more source

Constituent power: From Schmitt to Kantorowicz—Afterword to the Foreword by Sergio Verdugo

International Journal of Constitutional Law, 2023
In his Foreword, Sergio Verdugo presents Schmitt’s account of constituent power as the conventional understanding of this concept. At the same time, he shows that Schmitt’s views are contested and hardly accepted as a matter of convention.
L. Barshack
semanticscholar   +1 more source

Constituent power. A history

Jurisprudence, 2021
Constituent power is a key concept in democratic theory and constitutional law. The French term pouvoir constituant was coined by Sieyès in the context of the French Revolution in his famous pamphlet What is the Third Estate?
C. Pérez-Crespo
semanticscholar   +1 more source

Alchemising peoplehood: Rousseau’s lawgiver as a model of constituent power

History of European Ideas, 2021
Because Rousseau identifies popular sovereignty with the enactment of fundamental laws, he seems to conflate popular sovereignty with constituent power: the people are sovereign because they constitute the state, without actually ruling it.
E. Daly
semanticscholar   +1 more source

The Abuse of Constituent Power

Abusive Constitutional Borrowing, 2021
This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace their constitution, while limiting the ability of ...
Rosalind Dixon, David Landau
semanticscholar   +1 more source

Limiting constituent power?

The Law and Politics of Unconstitutional Constitutional Amendments in Asia, 2021
Mara Malagodi
openaire   +2 more sources

Hegemonic Constituent Power: Fear of the People and Lessons for Irish Reunification

Social Science Research Network
This article introduces the concept of hegemonic constituent power to argue for a greater role for the people in the process of Irish reunification through the establishment of a constituent assembly. Hegemonic constituent power contends that, ideally,
Alan Greene
semanticscholar   +1 more source

Hannah Arendt and the Glimmering Paradox of Constituent Power

Constituent Power, 2020
This chapter presents a reading of Hannah Arendt’s constitutional thinking from the perspective of the paradox of constituent power. The paradox at issue here is that, on the one hand, in order to exercise its constituent power, ‘the people’ needs some ...
Hanna Lukkari
semanticscholar   +1 more source

Constituent Power in the European Union

, 2020
The European Union (EU) has been through almost two decades of near-constant constitutional crisis. The failure of the Constitutional Treaty was followed in quick succession by the struggles about the Lisbon Treaty, the Eurozone emergency, Brexit, and ...
Markus Patberg
semanticscholar   +1 more source

Justifying Constituent Power in an Age of Populism

Polity, 2020
In a time of contentious politics, it becomes conspicuous that studies of populism and of constituent power rarely mention one another. This is true despite the fact that “the people” are regularly asserted as the preferred political subject for populism
J. Grant
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