This article makes a case against the wide-spread conception of the constitution-making power as constituent power. A conceptual analysis of the power to replace or revise the constitution shows that this understanding is incorrect. Instead, the article advances a socio-ontological conception of the power to replace or revise a written constitution, as a limited deontic power of citizens’ political proxy-agents, who are collectively intentionally recognized as having the status of constitution-makers for performing the function of institutionalizing constitutionalism. This conception illuminates a clearer approach to understand the constitution-making power, and to evaluate the legitimacy of its exercises.
|Translated title of the contribution||Constitution-making (without) constituent power: on the conceptual boundaries of the power to replace or amend the Constitution|
|Number of pages||41|
|Journal||Anuario Iberoamericano de Justicia Constitucional|
|Publication status||Published - 2018|
Bibliographical noteCopyright the Author(s) 2018. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.
- constituent power
- constitutional change
- constitutional replacement
- constitutional revision
- constitutional amendment