Results 61 to 70 of about 5,263,155 (183)

Can ‘the people’ speak in one voice? The problem of collective speech in the debate on constituent power and constitutionalism

Global Social Challenges Journal
Recent writings on constituent power insist that ‘the people’ cannot speak in one voice without widespread violence and deceit. Yet reform-minded constitutionalists are reluctant to abandon a concept that can legitimate deep change, so look for ways to ...
Catherine Frost
doaj   +1 more source

The Aporias of the Vicious Circle in A Political Beginning: Reflections on H. Arendt’s Thoughts on the Foundation of a Polity

Problemos, 2018
[full article, abstract in English; abstract in Lithuanian] Modern revolution as the beginning of founding a new political order has to confront the vicious circle inhered in all beginnings: in so far as it is the beginning, where does its principle ...
Zhang Yan, Gao Song
doaj   +1 more source

Constituent Power, Constituent Rights : Thinking Rights with Spinoza and Negri

While the concept of constituent power is central to democratic and radical political theory, its correlate—constituent rights—remains largely unexamined.
Björö, Morgan, Björö, Morgan,, Lund University.   +2 more
core   +1 more source

El guardián de la Constitución en la obra de E. Sieyès: un precedente de la Justicia Constitucional en Europa

Revista Vasca de Administración Pública, 2014
This work sets forth the critical thoughts of the Abate Sièyes regarding the need to set up a body for the protection of the Constitution. Sièyes ¿the intelectual author of the distinction between constituent power and constituted power, and one of the ...
Javier Tajadura Tejada
doaj   +1 more source

Democratic Revisability and the Legitimacy of Constitutional Entrenchments: A Content-Specific Approach

German Law Journal
As modern constitutions bind democratic legislation to entrenched norms, they are in tension with the democratic idea that laws should be open to revision by new majorities. Against a widespread view, constitutional norms cannot be considered to be “more
Jakob Hohnerlein
doaj   +1 more source

On New Beginnings and Democratic Legitimacy

Nordicum-Mediterraneum, 2013
This paper sets out to discuss the enigma of revolutionary new political beginnings of constitutional orders. The problem is that when a political community is constituted, the act of constituting per definition is unconstitutional or extra-legal.
Signe Larsen
doaj  

Can a Referendum Reverse Constitutional Meaning? Constitutional Adjudication, Family Rights and the Limits of Constitutional Amendment in Lithuania

Laws
This article examines whether an advisory referendum may legitimately be used to redefine the constitutional concept of family that has already been authoritatively interpreted by the Lithuanian Constitutional Court.
Dovilė Pūraitė-Andrikienė, Agnė Juškevičiūtė-Vilienė   +1 more
doaj   +1 more source

The Enactment of Constituent Power in the Arab World [PDF]

Ancilla Iuris, 2006
Most modern states have adopted written and rigid constitutions. The existence of a constitution presupposes a constituent power, distinguished from other constituted powers, created by the constitution itself, and a constituent power presupposes the ...
Asem Khalil
doaj  

Alois Rašín, Československo a moc ustavující

Právněhistorické studie
The article discusses the concept of constituent and constituted power in the context of the establishment of the Czechoslovak state in 1918 – the constitutional revolution, with a particular focus on the role of Alois Rašín, a key figure in this process
Ondřej Preuss
doaj   +1 more source

Seizing Europe - – Crisis Management, Constitutional Transformations, Constituent Movements

, 2013
The essay highlights some aspects of the new political situation in Europe in the wake of the global economic crisis, particularly focusing on the resulting consequences for such important political and legal concepts as citizenship and constitution.
MEZZADRA, SANDRO
core