Results 51 to 60 of about 5,263,155 (183)

Constituent power of the multitude [PDF]

Journal of International Political Theory, 2018
How might we understand a constituent power that is thought not as constitutively juridical but nevertheless as a political power, one that issues from the heterogeneous multitude and develops its collective potentia not by its number but rather in its polyvocality? Such an alternative conception would need to leave gendered connotations, the idea of a
openaire   +1 more source

Constituent power(s) in a dualistic democracy [PDF]

, 2020
I engage with Andrew Arato’s theory of constituent power explicated in The Adventures of Constituent Power and bring together two ideas introduced in the book – post-sovereign constituent power and dualistic democracy.
Olga Bashkina, Bashkina, Olga
core   +1 more source

A-Legality, Representation, Constituent Power

Etica & politica: rivista di filosofia, 2019
In different ways and from different angles, the participants in this special issue critically probe the conceptual and normative underpinnings of the model of legal order developed in to Authority and the Globalisation of Inclusion and Exclusion and other writings.
openaire   +3 more sources

The inconsistencies of the doctrine of unconstitutional constitutional amendments

Revista de Investigações Constitucionais
This article critically examines Yaniv Roznai’s influential doctrine of unconstitutional constitutional amendments (UCA), which aims to reconcile judicial review of constitutional amendments with democracy by grounding both amendment limits and judicial ...
Diego Pardo-Alvarez
doaj   +1 more source

Un fondement canonique du pouvoir constituant médiéval : « exercitus imperatorem faciat » (Decretum I, D. 93, c. 24 Legimus)

Clio@Themis
The Legimus canon (Decretum I, D. 93, c. 24), derived from a letter by Saint Jerome around the year 400, incidentally mentions : « exercitus imperatorem faciat ».
Luc Taupenas
doaj   +1 more source

The constituent power and transitional justice in Brazil

Revista do Direito Público, 2015
This article discusses two major fundamental theoretical issues in the formation of the modern state that are intertwined. The production of new constitutions, the change of the rule of recognition that allows the entry of statutes in the legal system as
Bruno Meneses Lorenzetto, Katya Kozicki
doaj   +1 more source

South Africa’s social contract: the Economic Freedom Fighters and the rise of a new constituent power?

Acta Academica, 2018
Taking the South African constitution as an eminent symbol of the South African social contract, and noting the opinion of many that the contract has failed to deliver, this article explores the concept of the social contract in South Africa by ...
Rachel Adams
doaj   +3 more sources

Identity Politics and the Militarisation of Constitutional Law

Athena
In this article, I shall focus on the legal consequences of one of the most obvious features of populisms: identity politics. In particular, I shall explore how populists in power use constitutional law to identify and fight the alleged enemy, thus ...
Giuseppe Martinico
doaj   +1 more source

Can the People Exercise Constituent Power?

, 2023
Can the People Exercise Constituent ...
George Duke (13070949)
core  

Pluralised Constituent Power in two nominal Federations: Ethiopia and Iraq

Most modern constitutions claim to derive their authority from the people of the nation. In theoretical terms, the people is said to be the “constituent power” on which the constitution is founded.
Gebreyesus, Terefe, Hussein, Twana, Aroney, Nicholas   +2 more
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