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The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
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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

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Against Substitution: The Constitutional Thinking of Dissensus

Against Substitution: The Constitutional Thinking of Dissensus

Chapter:
(p.189) 10 Against Substitution: The Constitutional Thinking of Dissensus
Source:
The Paradox of Constitutionalism
Author(s):

Emilios Christodoulidis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552207.003.0011

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

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