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Constituent Power and the Law - Oxford Scholarship Online
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Constituent Power and the Law

Joel Colón-Ríos


This book examines the place of the concept of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. It shows that constituent power, even though having historically been associated with extra-legality and violations of the constitutional order, has played important functions in the making of determinations of legal validity. Constitutional courts have employed it to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution ... More

Keywords: constituent power, constitutional change, Rousseau, Sieyès, constituent instructions, sovereignty, imperative mandate, primary assemblies, constituent assemblies, constitution-making

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780198785989
Published to Oxford Scholarship Online: May 2020 DOI:10.1093/oso/9780198785989.001.0001


Affiliations are at time of print publication.

Joel Colón-Ríos, author
Associate Professor of Law, Victoria University of Wellington