Chapter

Constituent Power and the Pluralist Ethic

Damian Chalmers

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/9780199552207.003.0016
 Constituent Power and the Pluralist Ethic

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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 constituent power in the face of the diversification of political authority. Drawing on a case study of land reform in rural Brazil, it argues that although constituent power at the level of the nation state may have its dark side, it also retains an unparalleled potential for emancipation and for the energization of the political as an area of free and open contestation between different world-views.

Keywords: legal pluralism; constitutionalism; constituent power; land reform; Brazil

Chapter.  11979 words. 

Subjects: Jurisprudence and Philosophy of Law

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