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Individualism: An Essay on the Authority of the European Union

Alexander Somek

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.001.0001
Subject:
Law, Philosophy of Law, EU Law

This new and innovative study explains that a transnational regime is based on a conception of citizenship that is different from the conception underlying a constitutional democracy. Citizens are ... More


Post-Constituent Constitutionalism? The Case of the European Union

Neil Walker

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0014
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter considers the general question of the relationship between constituent power and constitutional form in the context of new or shifting non-state political configurations, and ... More


Constituent Power and the Pluralist Ethic

Damian Chalmers

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0016
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter addresses the question of the relationship between constitutionalism and the alternative political imaginaries of post-national formations, and offers a reconstruction of the idea of ... More


The Exercise of Constituent Power in Central and Eastern Europe

Ulrich K. Preuss

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0012
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter considers the ways in which constituent power performed a role in the reconstruction of post-communist states of Central and Eastern Europe. It argues that the peculiarity of ... More


The Idea of Public Law

Martin Loughlin

Published in print:
2004
Published Online:
February 2010
ISBN:
9780199274727
eISBN:
9780191708329
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274727.001.0001
Subject:
Law, Constitutional and Administrative Law

This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own ... More


Constituent Power

Martin Loughlin

in The Idea of Public Law

Published in print:
2004
Published Online:
February 2010
ISBN:
9780199274727
eISBN:
9780191708329
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274727.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter begins by differentiating constituent power and constituted power. It then focuses on the assessment of the contribution made by the concept of constituent power to an understanding of ... More


The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Martin Loughlin and Neil Walker (eds)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book examines some of the key features of what may be called the paradox of constitutionalism: whether those who have the authority to make a constitution — the ‘constitutive power’ — can do so ... More


The Politics of the Question of Constituent Power

David Dyzenhaus

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0008
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter mounts a defence of a liberal constitutionalism in which constitutional architecture is treated as eclipsing constituent power, not on the basis of the empirical inevitability of the ... More


Introduction

Martin Loughlin and Neil Walker

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This introductory chapter presents the key issues to be examined in the book, in particular the tension between the claim that governmental power is generated from the ‘consent of the people’ and the ... More


Against Substitution: The Constitutional Thinking of Dissensus

Emilios Christodoulidis

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0011
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter presents an irresolution thesis: that constituent power cannot be absorbed into constituted authority and is to be treated as irreducible supplement which irritates and challenges rather ... More


‘We the Peoples’: Constituent Power and Constitutionalism in Plurinational States

Stephen Tierney

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0013
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter addresses the challenge to state authority from the perspective of sub-state nationalism. It develops the argument in relation to such ‘plurinational’ states as Belgium, Canada, Spain, ... More


Power and Its Subjects

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0002
Subject:
Law, Philosophy of Law, EU Law

This chapter explicates the meaning of legal powers in terms of political authority, and then turns to the venerable French doctrine of pouvoir constituant. It claims that, ideally, political ... More


Constitutionalism's Post-Modern Opening

Paolo Carrozza

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0010
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter focuses on the radical potential of contemporary constitutionalism, whereby constituent power is neither colonized by nor in symbiosis with the legal. This potential is illustrated in ... More


Constituent Power

Andreas Kalyvas

in Political Concepts: A Critical Lexicon

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823276684
eISBN:
9780823277285
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823276684.003.0006
Subject:
Philosophy, Political Philosophy

This chapter seeks to recover an alternative theory of sovereignty as constituent power that significantly departs from the canonical paradigm of command in order to investigate its democratic ... More


Introduction

Joel Colón-Ríos

in Constituent Power and the Law

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198785989
eISBN:
9780191827693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785989.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter introduces the topic of the book. It provides some initial examples of the roles constituent power has played in justifying or limiting political action. It also examines the two main ... More


Sovereignty and Dictatorship

Joel Colón-Ríos

in Constituent Power and the Law

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198785989
eISBN:
9780191827693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785989.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter develops a distinction between sovereignty and constituent power. It argues that when distinguished from constituent power, sovereignty appears not as a constitution-making force, but as ... More


The Juridical People

Joel Colón-Ríos

in Constituent Power and the Law

Published in print:
2020
Published Online:
May 2020
ISBN:
9780198785989
eISBN:
9780191827693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785989.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter argues that to the extent that a constituent assembly is not a sovereignty entity but a means for the exercise of constituent power, it can be subject to substantive limits arising from ... More


Constituent power forges the distinction between democracy and sovereignty

Dimitris Vardoulakis

in Stasis Before the State: Nine Theses on Agonistic Democracy

Published in print:
2017
Published Online:
May 2018
ISBN:
9780823277391
eISBN:
9780823280636
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823277391.003.0002
Subject:
Political Science, Political Theory

This thesis shows that the dialectic of constituent and constituted power only ever leads to forms of sovereignty. Every negation of constituted power only ever leads to the re-emergence of ... More


Higher-Level Constituent Power: A New Conceptual Framework

Markus Patberg

in Constituent Power in the European Union

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198845218
eISBN:
9780191880506
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198845218.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter makes the first step in the construction of a new theory of constituent power in the EU by proposing a conceptual framework that clarifies the relation between the EU’s constituent power ... More


Machiavelli on the Plebeian Power to Create and Punish

Camila Vergara

in Systemic Corruption: Constitutional Ideas for an Anti-Oligarchic Republic

Published in print:
2020
Published Online:
May 2021
ISBN:
9780691207537
eISBN:
9780691208732
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691207537.003.0005
Subject:
Philosophy, Political Philosophy

This chapter begins by presenting Niccolò Machiavelli's constitutional thought as the foundation of a type of constitutionalism that is material in its analysis of law and procedures, and ... More


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