The Paradox Of Constitutionalism Constituent Power And Constitutional Form PDF, ePub eBook
The Paradox Of Constitutionalism Constituent Power And Constitutional Form
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Hans lindahl constituent power and reflexive identity towards an ontology of collective selfhood in the paradox of constitutionalism constituent power and constitutional form 27 m artin loughlin neil walker eds oxford univ press 2007. The book sets out to examine some of the key features of what we describe as the paradox of constitutionalism whether those who have the authority to make a constitution the constituent power can do so without effectively surrendering that authority to the institutional sites of power constituted by the constitutional form they enact. Part i includes chapters on how the question of constituent power has been treated in the constitutional histories of usa france uk and germany while part ii examines at the question of constituent power from the perspective of both liberal and non liberal theories of the state and legal order. In modern political communities ultimate authority is often thought to reside with the people this book examines how constitutions act as a delegation of power from the people to representative and expert institutions and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements. The paradox of constitutionalism constituent power and constitutional form ed by martin loughlin and neil walker oxford oxford university press wwwoupcouk 2007 ix and 375 pp isbn 9780199204960 gbp50
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