Edited by Anthony F. Lang and Antje Wiener
Chapter 17: Constituent power in global constitutionalism
Against global constitutionalism’s eclipse of the notion of constituent power, I suggest that the notion is necessary, plausible and useful in its having an explanatory, a critical-restrictive and an empowering function. I first show that problems from ‘constituent usurpation’ arise for domestic as well as for supra-state constitutions. I then focus on the European Union and the candidates that have been proposed as its pouvoirs constituants in demoi-cratic, regional cosmopolitan, and pouvoir constituant mixte accounts. I argue that allocations of constituent power in global constitutionalism will be most relevant in a reconstructive and transformational, not a foundational, perspective but that in some cases dissident social movements may find it useful to adopt the notion.
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