The Politics of the Question of Constituent Power
The Politics of the Question of Constituent Power
This chapter mounts a defence of a liberal constitutionalism in which constitutional architecture is treated as eclipsing constituent power, not on the basis of the empirical inevitability of the legal taming of the political, but on account of the impossibility of developing normative accounts of how we might live together except on the basis of such a working assumption. Against Schmitt's claim that constitutional authority cannot escape its origins in constituent power, the chapter defends a liberal account of the rule of law.
Keywords: liberal constitutionalism, constituent power, Schmitt, rule of law
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