Abstract
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 |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 59-99 |
| Number of pages | 41 |
| Journal | Anuario Iberoamericano de Justicia Constitucional |
| Volume | 22 |
| DOIs | |
| Publication status | Published - 2018 |
| Externally published | Yes |
Bibliographical note
Copyright 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.Keywords
- constitution-making
- constituent power
- constitutional change
- constitutional replacement
- constitutional revision
- constitutional amendment