Jump to ContentJump to Main Navigation
The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
Users without a subscription are not able to see the full content.

Martin Loughlin and Neil Walker

Print publication date: 2008

Print ISBN-13: 9780199552207

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552207.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 October 2021



(p.1) Introduction
The Paradox of Constitutionalism

Martin Loughlin

Neil Walker

Oxford University Press

This introductory chapter presents the key issues to be examined in the book, in particular the tension between the claim that governmental power is generated from the ‘consent of the people’ and the claim that for such power to be effective, it must be divided, constrained, and exercised through distinctive institutional forms. It explains that the essays that follow are divided into three main sections. Part I considers the historical emergence of the idea of constituent power in modern European thought and practice. Part II examines a range of theoretical perspectives on the nature of the relationship. Part III evaluates the continuing importance and (possible) reconfiguration of this relationship in the light of a series of contemporary issues of a constitutional nature. An overview of the key themes developed in these essays is provided.

Keywords:   paradox of constitutionalism, constituent power, history, theory, contemporary issues

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .