Natural Rights, Constituent Power, and the Stain of Constitutionalism.

The power to make constitutions (the so‐called constituent power) is predominantly understood today as a legally unlimited power belonging to the people. This understanding sits uncomfortably with constitutionalism: the idea that public powers are legally limited. Would such a power not leave an ind...

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Bibliographic Details
Published in:Modern Law Review Vol. 87; no. 4; pp. 864 - 894
Main Author: Fasel, Raffael N.
Format: Article
Published: Wiley-Blackwell Jul2024
Subjects:
Online Access:View this record in EBSCOhost