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The Paradox of Constitutionalism
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The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Martin Loughlin and Neil Walker


This book examines some of the key features of what may be called the paradox of constitutionalism: whether those who have the authority to make a constitution — the ‘constitutive power’ — can do so without effectively surrendering that authority to the institutional sites of power ‘constituted’ by the constitutional form they enact. In particular, is the constitutive power exhausted in the single constitutive act or does it retain a presence, acting as critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These ques ... More

Keywords: constitutions, constitutionalism, constituent power

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780199552207
Published to Oxford Scholarship Online: January 2009 DOI:10.1093/acprof:oso/9780199552207.001.0001


Affiliations are at time of print publication.

Martin Loughlin, editor
Professor of Public Law, London School of Economics and Political Science

Neil Walker, editor
Professor of European Law, European University Institute