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In this chapter, my objective will be to assess the contribution made by the concept of constituent power to an understanding of public law. It is a complex task because constituent power resists simple absorption into juristic categories.
Apr 6, 2021 · Instead, I will argue that constitutional courts act as derivative constituent powers by presenting two examples drawn from much more recent constitutions. The first has to do with the Italian republican charter enacted in 1948, the second with the French constitution of the Fifth Republic.
- Joel I. Colón-Ríos, Eva Marlene Hausteiner, Hjalte Lokdam, Pasquale Pasquino, Lucia Rubinelli, Willi...
- 2021
May 23, 2013 · This 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.
- Martin Loughlin
- 2014
Dec 31, 2023 · The power to make constitutions (the so-called constituent power) is predominantly understood today as a legally unlimited power belonging to the people. This understanding sits uncomfortably with ...
Constituent power is a modern constitutional concept with political and legal dimensions. Broadly conceived, public law divides into three main strands: the law concerning the acquisition and generation of political power, the law concerning the institutionalization of
- 217KB
- 24
In this book, I seek to bring to the surface early understandings of the relationship between constituent power and the law, of the concept’s legal and institutional implications, and explore their connections with, and relevance for, current constitutional practices. Before engaging in that analysis, however, it is necessary to make some ...
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Oct 19, 2020 · According to Colón-Ríos, the constitutional theorists who embraced the theory of constituent power usually sought to limit governments and their legislatures by appealing to an extra-legal constituent subject that retained an exclusive constitution-making jurisdiction (pp. 159–161).
