Goldoni on Constituent Power and Constitutional Regimes
Marco Goldoni (University of Glasgow) has posted Constituent Power from a Regime-Based Perspective on SSRN. Here is the abstract:...
legaltheoryblog.com
Marco Goldoni (University of Glasgow) has posted Constituent Power from a Regime-Based Perspective on SSRN. Here is the abstract: This chapter reconstructs constituent power from a regime-based perspective in order to challenge what recent scholarship has identified as the “conventional theory” of constituent power. According to the conventional account, constituent power appears as an extra-legal and unconstrained force capable of founding a constitutional order ex nihilo.