Constituent power in a “community of equals”
In this article, I use an ideal example related to what I call “a community of equals” to explore the difficult problems involved in the idea of constituent power. After presenting my version of this “egalitarian community,” I discuss some theoretical controversies that have emerged around the same...
Kaydedildi:
| Yayımlandı: | URI:https://journals.openedition.org/revus, |
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| Yazar: | |
| Materyal Türü: | Article ou chapitre numérique |
| Dil: | Anglais |
| Baskı/Yayın Bilgisi: |
Revus
2020
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| Konular: | |
| Online Erişim: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Özet: | In this article, I use an ideal example related to what I call “a community of equals” to explore the difficult problems involved in the idea of constituent power. After presenting my version of this “egalitarian community,” I discuss some theoretical controversies that have emerged around the same matter, focusing on the work of Bruce Ackerman, Joel Colón-Ríos, Yaniv Roznai, and more particularly, Andrew Arato. I argue that discussions about constituent power should neither remain confined within the old paradigm of “sovereign constitution-making,” nor become exclusively studied under the alternative paradigm of “post-sovereign constitution-making.” Constitutionalism needs to recover its democratic character if it wants to keep its egalitarian promise intact. |
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