Abstract
This article makes a case against the wide-spread conception of the constitution-making power as a foundational, legally boundless and sovereign 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 limits of the power to replace or revise the constitution |
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Original language | Portuguese |
Article number | 2 |
Pages (from-to) | 56-84 |
Number of pages | 28 |
Journal | Revista Brasileira de Politicas Publicas |
Volume | 9 |
Issue number | 2 |
DOIs | |
Publication status | Published - 2019 |
Externally published | Yes |
Keywords
- constitution-making
- constituent power
- constitutional change
- constitutional replacement
- constitutional revision
- constitutional amendment
- Constituent power
- Constitution-making
- Constitutional change
- Constitutional replacement
- Constitutional revision
- Constitutional amendment