Constitutionalism's Post-Modern Opening

Paolo Carrozza

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI:
 Constitutionalism's Post-Modern Opening

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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 the work of Negri, in which it remains a latent revolutionary possibility which lies behind the legally constituted authority of the polity. It is argued that this radical potential need no longer be seen in terms of a revolutionary paradigm. 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 nor entirely controls the ways in which political movements approach and utilize legally constituted authority.

Keywords: constituent power; Negri; post-modernity; multi-level constitutionalism

Chapter.  9385 words. 

Subjects: Jurisprudence and Philosophy of Law

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