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Switch to: References
Citations of:
The concept of constituent power
European Journal of Political Theory 13 (2):218-237 (2014)
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This article examines the Levellers’ doctrine of legitimate authority, by showing how it emerged as a critique of theories of absolute sovereignty. For the Levellers, any arbitrary power is tyrannical, insofar as it reduces human beings to an unnatural condition. Legitimate authority is necessarily founded on the people, who creates the constitutional order and remains the locus of political power. The Levellers also contend that parliamentary representation is not the only mechanism by which the people may acquire a political being; (...) No categories |
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In legal orders around the world, commitments to democracy, liberalism and constitutionalism are increasingly eroding. Although political and constitutional theorists often lament this trend, they invariably adopt frameworks that are indifferent to these commitments. My aims in this article are both critical and constructive. As a critical matter, I will expose the indifference of the leading political and constitutional theories to the emergence, maintenance and refinement of liberal democratic constitutional orders. As a constructive matter, I will draw on Immanuel Kant’s (...) |
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ABSTRACTIt is often held that the legitimacy of a democratic constitution depends on its production by constituent power. This paper argues that the notion of legitimation by constituent power face... No categories |
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ABSTRACTPolitical theorists recently focused their attention on the history of the idea of constituent power. This, they claim, shows that the notion of pouvoir constituant expressed the radical and absolute power of the sovereign people. In other words, constituent power pointed at the democratic and irresistible core of popular sovereignty. In this paper, I argue that the analysis of nineteenth-century French political thought offers a different account of constituent power’s history. Relying upon archival resources, I show that in the aftermath (...) |
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Work occupies a central place in most people’s lives, yet a secondary one in most of political philosophy. This article attempts to show the negative theoretical consequences of this neglect by taking the example of the concept of constituent power as it appears in the writings of Emmanuel Joseph Sièyes and Karl Marx. Both authors conceived it as made up of the working classes. This, however, makes them both run into the same paradox: how to politically represent a class that (...) |
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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 pamphl... No categories |
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This article outlines a critical systems theory approach to the study of populism by arguing that populism is an avenue of contestation which assumes a distinct role and function in the existing constitution of the political system. Most notably, it is characterised by the re-entry of a popular sovereignty dimension within regular political procedures. By taking up a critical systems theory perspective, it becomes possible to more precisely distinguish populism from other forms of politics, such as oppositional politics, social movement (...) |
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This paper considers Niccolò Machiavelli’s contribution to a theory of constituent power. Modern authors who have analysed the concept of constituent power generally agree on its ambiguous, paradoxical and apparently contradictory essence. With few exceptions, Machiavelli is absent from both the historical reconstructions of and the theoretical debates on the origin of constituent power. My argument is built around two main theses: reintroducing Machiavelli to the debate on constituent power offers an original response to the theoretical fallacies and inconsistencies identified (...) |
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This article presents Minobe Tatsukichi’s emperor organ theory as a novel understanding of the temporality of founding. In contrast to a conventional framework of founding which legitimizes the constitution by postulating the pre-constitutional power of “the people,” emperor organ theory invents “the people” out of the Meiji Constitution as a democratically empowered subject to-come. In so doing, emperor organ theory calls upon the transformation of shin-min (臣民), the presumed subject of the emperor, into koku-min (国民), the people of this constitutional (...) |
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In this article, I draw on Carl Schmitt’s political and constitutional thought in order to reflect on the political struggle over the foundational norms and values of a constitutional settlement in... No categories |
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The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...) No categories |
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Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) No categories |
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Recent critiques of attempts to ground constitutional legitimacy in the constituent power of a strong popular sovereign have tended to focus upon the tension between strong popular sovereignty and... |
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Recently, some have read Turkish political developments from the perspective of Carl Schmitt’s political theory. This paper aims to modify aspects of these readings and offer in response a Schmitti... |
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ABSTRACT 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. However, he assigns the lawgiver, or (‘legislator’) an antecedent task that has a more obviously ‘constituent’ character – the task of constituting the people itself, as a political subject and political unity. Thus Rousseau’s lawgiver offers a template for understanding the relationship between popular sovereignty and constituent (...) |
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