Constituent Power

Constituent Power
Author: Arvidsson Matilda Arvidsson
Publisher: Edinburgh University Press
Total Pages: 272
Release: 2020-08-18
Genre: Law
ISBN: 147445500X

With a strong focus on constitutional law, this book examines the legal as well as the political power of 'the people' in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and 'the people' from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere.

Law, Violence and Constituent Power

Law, Violence and Constituent Power
Author: Héctor López Bofill
Publisher: Routledge
Total Pages: 192
Release: 2021-05-30
Genre: Business & Economics
ISBN: 1000393844

This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Constituent Power and the Law

Constituent Power and the Law
Author: Joel I. Colon-Rios
Publisher:
Total Pages: 353
Release: 2020
Genre: Constituent power
ISBN: 0198785984

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

The Paradox of Constitutionalism

The Paradox of Constitutionalism
Author: Martin Loughlin
Publisher:
Total Pages: 375
Release: 2007
Genre: Constituent power
ISBN:

In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.

Constituent Power

Constituent Power
Author: Lucia Rubinelli
Publisher: Cambridge University Press
Total Pages: 279
Release: 2020-05-21
Genre: Political Science
ISBN: 1108618553

From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.

Constituent Power and the Legitimacy of International Organizations

Constituent Power and the Legitimacy of International Organizations
Author: John G. Oates
Publisher: Routledge
Total Pages: 242
Release: 2020-02-10
Genre: Political Science
ISBN: 1000028372

This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.

Human Rights and Constitution Making: Institutional and procedural guarantees of rights

Human Rights and Constitution Making: Institutional and procedural guarantees of rights
Author:
Publisher:
Total Pages: 144
Release: 2018
Genre: Civil rights
ISBN: 9789213622513

This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Constitutional Theory: Schmitt After Derrida

Constitutional Theory: Schmitt After Derrida
Author: Jacques de Ville
Publisher: Taylor & Francis
Total Pages: 231
Release: 2017-04-21
Genre: Law
ISBN: 1351866400

Cover -- Title -- Copyright -- Dedication -- Contents -- Acknowledgements -- Note on translations and references -- List of abbreviations -- 1 Introduction -- Schmitt and Derrida -- Constitutional theory -- Reading Schmitt -- Sequence and overview of chapters -- 2 The concept of the political -- A. Polémios -- Introduction -- Plato -- Schmitt -- Freud -- Heidegger -- The structure of the political -- B. Partisan -- Introduction -- Criteria -- The question of technology -- Philosophy and the Acheron -- The brother as double -- Woman as the absolute partisan -- Today's terror and the structure of the political -- C. Self -- Introduction -- Defining man: nakedness -- Stirner and his ego -- Modern technology -- Being-placed-in-question -- Self-deception -- Descartes and the self as enemy -- Hegel and the enemy -- Echo -- The concept of the political -- 3 Constituent power -- Introduction -- Political unity -- Political theology -- Fear and the Leviathan -- Demos without sovereignty -- Conclusion -- 4 Identity and representation -- Introduction -- The formation of identity -- Representation reconceived -- Conclusion -- 5 The concept of the constitution -- A. Khōra -- Introduction -- Derrida's reading of the Timaeus -- Khōra and the political -- Constitutions as giving place -- B. Crypt -- Introduction -- The Wolf Man -- The Wolf Man's crypt -- Constitution, memory and trauma -- 6 Human rights -- Introduction -- Freedom -- Equality -- Living together -- 7 State, Gro[beta]raum, nomos -- Introduction -- Nomos -- Man, space, nomos -- Conclusion -- 8 Conclusion -- Schmitt 'before' Derrida -- Derrida reading Schmitt -- Schmitt 'after' Derrida -- Bibliography -- Index

Human Rights and Constituent Power

Human Rights and Constituent Power
Author: Illan Wall
Publisher: Routledge
Total Pages: 207
Release: 2013-03
Genre: Law
ISBN: 1136644148

Engaging the current political and jurisprudential thought on constituent power with a radical political re-thinking of human rights, Ilan Rua Wall develops the idea that human rights must be considered as a non-metaphysical process of 'right-ing'.

Constituent Power in the European Union

Constituent Power in the European Union
Author: Markus Patberg
Publisher: Oxford University Press, USA
Total Pages: 273
Release: 2021-01-03
Genre: Law
ISBN: 0198845219

This book seeks to develop a new approach to EU legitimacy by reformulating the classical notion of constituent power for the context of European integration and challenging the conventional theoretical assumptions regarding the EU's ultimate source of authority.