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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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The Exercise of Constituent Power in Central and Eastern Europe

The Exercise of Constituent Power in Central and Eastern Europe

(p.211) 11 The Exercise of Constituent Power in Central and Eastern Europe
The Paradox of Constitutionalism

Ulrich K. Preuss

Oxford University Press

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

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