Constituent Power and the Law

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

List of contents

• 1: Introduction


• 2: Back to Rousseau


• 3: Sieyès via Rousseau


• 4: Between Law and Revolution


• 5: Of Constituent Nations


• 6: The Identity and Limits of the Constituent Subject


• 7: Rejecting Constituent Power


• 8: The Material Constitution


• 9: Sovereignty and Dictatorship


• 10: The Juridical People


• 11: Conclusion

About the author

Joel Colón-Ríos is Professor of Law at Victoria University of Wellington. He has published widely in the areas of constitutional theory and comparative constitutional law and is the author of Weak Constitutionalism: Democratic Legitimacy and Constituent Power.

Summary

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Additional text

Colón-Ríos has written the high-theory constitutional analysis for our populist moment: a historically informed, theoretically nuanced investigation into the fraught relation between sovereignty, constituent power, and (constitutional) law that underpins contemporary political conflicts ... Closing his book, Colón-Ríos suggests several possible avenues for future research ... Should anyone take up these proposals, one would hope they model their investigation on what Colón-Ríos has produced: a thorough treatment of the historical and legal record that clearly demarcates the emergent theoretical terrain, and rigorously argues for future development of its insights.

Product details

• Authors: Joel (Professor of Law Colon-Rios, Joel Colón-Ríos
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 26.03.2020
• EAN: 9780198785989
• ISBN: 978-0-19-878598-9
• No. of pages: 352
• Series: Oxford Constitutional Theory
• Subjects: Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / Constitutions, LAW / Administrative Law & Regulatory Practice, LAW / Constitutional, LAW / Jurisprudence, Constitution: government & the state, Constitution: government and the state, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law