The Exercise of Constituent Power in Central and Eastern Europe

Ulrich K. Preuss

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI:
 The Exercise of Constituent Power in Central and Eastern Europe

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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 constitutionalism in this region lies precisely in the fact that in such well embedded political communities its traditional constitutive role is unnecessary, but that it nonetheless remains vital as way of allocating and checking power. Paradoxically, such a one-sided constitutionalism may face significant opposition from those embedded forces of community which make its constitutive role redundant.

Keywords: Central and Eastern Europe; constituent power; constitutionalism

Chapter.  8909 words. 

Subjects: Jurisprudence and Philosophy of Law

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