The Politics of the Question of Constituent Power

David Dyzenhaus

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI:
 The Politics of the Question of Constituent Power

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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 legal taming of the political, but on account of the impossibility of developing normative accounts of how we might live together except on the basis of such a working assumption. Against Schmitt's claim that constitutional authority cannot escape its origins in constituent power, the chapter defends a liberal account of the rule of law.

Keywords: liberal constitutionalism; constituent power; Schmitt; rule of law

Chapter.  8729 words. 

Subjects: Jurisprudence and Philosophy of Law

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