The Paradox of Constitutionalism: Constituent Power and Constitutional Form

University of Melbourne Law School Research Series
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The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power'constituted' by the constitutional form they enact. These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book.

'Constitutionalism as a Source and Limit on Constituent Power' - giuliettasprint.konfer.eua Bhat,- Nalsar

Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines at the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order. The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyse how the puzzlesassociated with the question of constituent power are played out in these increasingly important settings.

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The Paradox of Constitutionalism. Constituent Power and Constitutional Form. Edited by Martin Loughlin and Neil Walker. Promotes the subject. The Paradox of Constitutionalism. Constituent Power and Constitutional Form – Edited by Martin Loughlin and Neil Walker.

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In Policraticus, John likened the king to the head, parliament to the heart, judges and provincial governors to the senses, the treasury to the stom- ach, and the peasants to the feet. See also J. Loughlin proposes that these more radical claims were suppressed, initially to stabilize the republican revolution but later to bolster the principle of revived monarchical and aristocratic rule. To learn more, view our Privacy Policy. Rather, the argument seems to accord normative weight to the constitutional order arising out of a constituent act and in doing so presupposes that initial exercise of constituent power occurred in circumstances which justify this weight. Rather, under conditions of fragmented or multi-level authority in which the state is no longer the dominant level, constitutional form continues to structure but no longer determines political possibilities.

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Thank you. Your review has been submitted and will appear here shortly. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines at the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order.

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The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the state and challenges from the supranational and international levels, and they analyze how the puzzles associated with the question of constituent power are played out in these increasingly important settings.

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USD Sign in to Purchase Instantly. Overview The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact.

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Despite the best of intentions it is not always easy to communicate well under these circumstances, or find deep empathy View Product. The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the 'constituent power' - can do so without effectively surrendering that authority to the institutional sites of power 'constituted' by the constitutional form they enact.

These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in thefirst two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituent power from the perspective of both liberal and non-liberal theories of the state and legal order.

The essays in Part III consider the operation of constitutionalism with respect to a series of contemporary challenges to the state, including those from popular movements below the level of the stateand challenges from the supranational and international levels, and they analyse how the puzzles associated with the question of constituent power are played out in these increasingly important settings. Mariella Mystery Investigates a Cupcake Conundrum.