Normative power and The Making of Constitutional Democracy
A sound understanding of normative power is key to tackling central questions in legal and constitutional theory, some of which are usefully addressed in Sandro’s recent book. I show how the book’s account of normative power is insufficient for its purposes and how an improved account would shed lig...
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
2024
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| Konular: | |
| Online Erişim: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Özet: | A sound understanding of normative power is key to tackling central questions in legal and constitutional theory, some of which are usefully addressed in Sandro’s recent book. I show how the book’s account of normative power is insufficient for its purposes and how an improved account would shed light on problems the book leaves underexplored. They include the limits on law-making and political power, the contrast between powers and duties, the idea of application of law, and the relationship between political power and powers in the law. The payoff of exploring these problems is an appreciation of how legal powers — channelling the self-direction of individuals and institutions — are prime tools for the making of constitutional democracy. |
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