Explore a selection of key publications that delve into the complex relationship between constituent power and constituted power. This list features essential works analyzing how the people create legal-political orders and how these become institutionalized. From historical perspectives to contemporary analyses, the theories differentiating and connecting these two fundamental forms of authority are examined. An indispensable resource for students, academics, and anyone interested in constitutional and political theory.
Maps and systematically examines the revival of constituent power
This handbook provides a systematic and comprehensive examination of constituent power, a key concept in political and constitutional theory. It includes original research exploring its relationship with various polities, agents, and practices, making it an essential publication for the analysis of power dynamics.
Well-documented and thorough study
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This publication is fundamental as it offers the first systematic analysis to bring to the surface the hitherto under-theorized juridical nature of constituent power. Colón-Ríos's work clarifies the limits that distinguish it from sovereignty and revolution, providing a crucial perspective for understanding the creation and legitimacy of constitutions.
Formulates a distinction between constitutional founders and lawmakers
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This article offers a profound analysis of the Aristotelian distinction between constitutional founders and mere legislators, a fundamental concept for understanding constituent power. Its focus on the differences between the Greek politeia and the modern constitution, alongside its exploration of constituent power as a non-liberal idea, makes it an essential contribution to the field.
This article provides a critical and in-depth analysis of the difficulties in determining who holds constituent power in international law, a central topic in constitutional and legal theory. Its focus on the complexities of identifying these actors makes it an essential contribution to understanding the dynamic between foundational power and constituted normative structures.
Examines the development of the doctrine of 'permanent constituent power' in Mexico
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This article provides an in-depth analysis of the evolution of the permanent constituent power doctrine in Mexico, a central topic for understanding the country's constitutional dynamics. Its research into the frequency of constitutional amendments and the interaction between constituent and constituted power makes it a prominent publication in the field.
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This article is fundamental for the analysis of constituent and constituted power, as it explores its changing status in modern constitutionalism. It offers a critical perspective on how the people's capacity to create legal orders has adapted to contemporary challenges, serving as a key reference in the field.
Analyzes constituent power and popular participation
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This article offers a profound analysis of how constituent power manifests through popular participation in liberal democracies. It examines the mechanisms and relevance of citizen involvement in constitutional formation and reform, highlighting its impact on democratic legitimacy. The publication is fundamental for understanding the dynamic between popular sovereignty and established power structures.
This article offers a fundamental critique of the theory of constituent power, presenting novel arguments regarding its conceptual incorrectness. Its analysis challenges established notions of constitutional legitimacy and the source of political authority, making it essential reading for understanding current debates in the field.
This article offers a critical analysis of the notion of 'constituent authority' within H. L. A. Hart's theoretical framework, providing an essential perspective on how legal systems are formed and legitimized. Its focus on the interaction between constituent power and Hart's secondary rules makes it a relevant contribution to the study of legal theory and power.