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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 Imperialism of Modern Constitutional Democracy

The Imperialism of Modern Constitutional Democracy

Chapter:
(p.315) 16 The Imperialism of Modern Constitutional Democracy
Source:
The Paradox of Constitutionalism
Author(s):

James Tully

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552207.003.0017

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

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