The Imperialism of Modern Constitutional Democracy

James Tully

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI:
 The Imperialism of Modern Constitutional Democracy

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This chapter challenges the idea that constituent power is a necessary or neutral presupposition of politics. It argues that the concept of constituent power is a vital component of the deep and resilient global structure of imperial authority, one that denies and seeks to suppress the ‘always/already constituted’ way in which political community and authority is experienced and practised in other non-imperial contexts. It concludes by considering the conditions under which these alternative ways of constituting and doing politics might challenge or escape the dominant influence of the imperial authority structure.

Keywords: imperialism; constitutional form; post-colonialism; low intensity constitutionalism; democratic constitutionalism

Chapter.  12039 words. 

Subjects: Jurisprudence and Philosophy of Law

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