Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

Constituent Power and the Law


ISBN13: 9780198785989
Published: March 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £110.00



Despatched in 5 to 7 days.

Also available as

Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it.

Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order.

Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts.

Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.

Subjects:
Constitutional and Administrative Law
Contents:
1:Introduction
2:Back to Rousseau
3:Sieyès via Rousseau
4:Between Law and Revolution
5:Of Constituent Nations
6:The Identity and Limits of the Constituent Subject
7:Rejecting Constituent Power
8:The Material Constitution
9:Sovereignty and Dictatorship
10:The Juridical People
11:Conclusion

Series: Oxford Constitutional Theory

Constitutional and Political Theory: Selected Writings ISBN 9780198714972
Published June 2022
Oxford University Press
£40.49
New Constitutional Horizons: Towards a Pluralist Constitutional Theory (eBook) ISBN 9780192593467
Published April 2022
Oxford University Press
£62.99
(ePub)
Buy
New Constitutional Horizons: Towards a Pluralist Constitutional Theory ISBN 9780198852339
Published April 2022
Oxford University Press
£95.00
£72.50
(ePub)
Buy
Legitimation by Constitution: A Dialogue on Political Liberalism ISBN 9780192855121
Published November 2021
Oxford University Press
£99.00
Authoritarian Liberalism and the Transformation of Modern Europe (eBook) ISBN 9780192597083
Published June 2021
Oxford University Press
£72.50
(ePub)
Buy
Authoritarian Liberalism and the Transformation of Modern Europe ISBN 9780198854753
Published June 2021
Oxford University Press
£99.00
£99.00
£72.50
(ePub)
Buy
Constituent Power in the European Union ISBN 9780198845218
Published December 2020
Oxford University Press
£105.00
Religion, Law, and Democracy: Selected Writings ISBN 9780198818632
Published November 2020
Oxford University Press
Price on Application
Constituent Power and the Law (eBook) ISBN 9780191089091
Published March 2020
Oxford University Press
£85.42
(ePub)
Buy
After Public Law ISBN 9780198842583
Published May 2019
Oxford University Press
£40.99
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198844341
Published April 2019
Oxford University Press
£30.99
Constitutionalism: Past, Present, and Future ISBN 9780198840497
Published March 2019
Oxford University Press
£36.99
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198840664
Published February 2019
Oxford University Press
£36.99
Euroconstitutionalism and its Discontents ISBN 9780198834335
Published December 2018
Oxford University Press
£86.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198824237
Published August 2018
Oxford University Press
£43.99
Beyond the People: Social Imaginary and Constituent Imagination ISBN 9780198799092
Published June 2018
Oxford University Press
£86.00
The Metaethics of Constitutional Adjudication ISBN 9780198808084
Published December 2017
Oxford University Press
£98.00
Law and Revolution: Constitutionalism after the Arab Spring ISBN 9780198768890
Published November 2017
Oxford University Press
£115.00
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers ISBN 9780198768791
Published February 2017
Oxford University Press
£115.00
Constitutional and Political Theory: Selected Writings ISBN 9780198714965
Published January 2017
Oxford University Press
£122.50
The Cosmopolitan Constitution ISBN 9780198797944
Published October 2016
Oxford University Press
£43.49
Constitutionalism: Past, Present, and Future ISBN 9780198766124
Published September 2016
Oxford University Press
£122.50
Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State ISBN 9780198759072
Published April 2016
Oxford University Press
£102.50
Post Sovereign Constitutional Making: Learning and Legitimacy ISBN 9780198755982
Published March 2016
Oxford University Press
£99.00
Popular Sovereignty in Early Modern Constitutional Thought ISBN 9780198745167
Published February 2016
Oxford University Press
£122.50
The Cultural Defense of Nations: A Liberal Theory of Majority Rights ISBN 9780199668687
Published November 2015
Oxford University Press
£99.00
The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook) ISBN 9780191646447
Published November 2015
Oxford University Press
£29.99
(ePub)
Buy
Constitutional Courts and Deliberative Democracy ISBN 9780198759454
Published October 2015
Oxford University Press
£45.49
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780198738084
Published March 2015
Oxford University Press
£47.49
The Global Model of Constitutional Rights ISBN 9780198738077
Published January 2015
Oxford University Press
£48.49
Constituting Economic and Social Rights ISBN 9780198727897
Published October 2014
Oxford University Press
£47.49
The Cosmopolitan Constitution (eBook) ISBN 9780191030925
Published July 2014
Oxford University Press
£33.74
(ePub)
Buy
The Cosmopolitan Constitution ISBN 9780199651535
Published July 2014
Oxford University Press
£112.50
The Structure of Pluralism: On the Authority of Associations (eBook) ISBN 9780191655661
Published March 2014
Oxford University Press
£73.33
(ePub)
Buy
The Structure of Pluralism: On the Authority of Associations ISBN 9780199673889
Published March 2014
Oxford University Press
£100.00
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780198713968
Published February 2014
Oxford University Press
£52.00
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780198713951
Published January 2014
Oxford University Press
£52.00
Constitutional Courts and Deliberative Democracy ISBN 9780199670451
Published December 2013
Oxford University Press
£112.50
Constitutional Courts and Deliberative Democracy (eBook) ISBN 9780191650178
Published December 2013
Oxford University Press
£35.41
(ePub)
Buy
Fault Lines of Globalization: Legal Order and the Politics of A-Legality ISBN 9780199601684
Published October 2013
Oxford University Press
£100.00
Fault Lines of Globalization: Legal Order and the Politics of A-Legality (eBook) ISBN 9780191511530
Published October 2013
Oxford University Press
£83.33
(ePub)
Buy
The Cosmopolitan State ISBN 9780199682423
Published May 2013
Oxford University Press
£107.50
The Cosmopolitan State (eBook) ISBN 9780191504983
Published May 2013
Oxford University Press
£77.50
(ePub)
Buy
After Public Law (eBook) ISBN 9780191648007
Published May 2013
Oxford University Press
£23.19
(ePub)
Buy
After Public Law ISBN 9780199669318
Published May 2013
Oxford University Press
£117.50
The Three Branches: A Comparative Model of Separation of Powers (eBook) ISBN 9780191651618
Published March 2013
Oxford University Press
£33.74
(ePub)
Buy
The Three Branches: A Comparative Model of Separation of Powers ISBN 9780199602117
Published March 2013
Oxford University Press
£120.00
The Global Model of Constitutional Rights ISBN 9780199664603
Published October 2012
Oxford University Press
£130.00
The Global Model of Constitutional Rights (eBook) ISBN 9780191642180
Published October 2012
Oxford University Press
£33.74
(ePub)
Buy
The Constitutional State (eBook) ISBN 9780191637254
Published September 2012
Oxford University Press
£30.09
(ePub)
Buy
The Constitutional State ISBN 9780199659937
Published September 2012
Oxford University Press
£59.00
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199659968
Published September 2012
Oxford University Press
£57.00
Constituting Economic and Social Rights ISBN 9780199641932
Published August 2012
Oxford University Press
£127.50
Constituting Economic and Social Rights (eBook) ISBN 9780191639746
Published August 2012
Oxford University Press
Out of print
Constitutional Referendums: The Theory and Practice of Republican Deliberation ISBN 9780199592791
Published April 2012
Oxford University Press
£130.00
£40.41
(ePub)
Buy
Constitutional Fragments: Societal Constitutionalism and Globalization ISBN 9780199644674
Published February 2012
Oxford University Press
£115.00
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook) ISBN 9780191629341
Published February 2012
Oxford University Press
£36.66
(ePub)
Buy
Twilight of Constitutionalism? ISBN 9780199651993
Published January 2012
Oxford University Press
£54.00
Sovereignty's Promise: The State as Fiduciary (eBook) ISBN 9780191630217
Published December 2011
Oxford University Press
£87.50
(ePub)
Buy
Sovereignty's Promise: The State as Fiduciary ISBN 9780199698318
Published December 2011
Oxford University Press
£105.00
The Constitutional State ISBN 9780199585014
Published December 2010
Oxford University Press
£117.50
Beyond Constitutionalism: The Pluralist Structure of Postnational Law (eBook) ISBN 9780191637278
Published October 2010
Oxford University Press
Out of print
Beyond Constitutionalism: The Pluralist Structure of Postnational Law ISBN 9780199228317
Published October 2010
Oxford University Press
£115.00
Twilight of Constitutionalism? (eBook) ISBN 9780191633669
Published February 2010
Oxford University Press
£45.00
(ePub)
Buy
Twilight of Constitutionalism? ISBN 9780199585007
Published February 2010
Oxford University Press
£132.50