Chapter

Against Substitution: The Constitutional Thinking of Dissensus

Emilios Christodoulidis

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552207.003.0011
 Against Substitution: The Constitutional Thinking of Dissensus

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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 than transcends the specific forms of constituted power. It argues that the radical openness of constituent power depends on its occupying a domain radically independent of constitutional form, and that it is possible to imagine and activate such a domain as something other than the ante-room of constitutional initiative and authority.

Keywords: irresolution; constituent power; dissensus; radical openness

Chapter.  10293 words. 

Subjects: Jurisprudence and Philosophy of Law

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