Constituent Power: Law, Popular Rule and Politics

The book explores the complex relationship between constitutional democracies and the people, examining the legal and political power of the people through the lens of radical democracy. Contributors come from the USA, Latin America, the UK, and continental Europe.

Format: Paperback / softback
Length: 232 pages
Publication date: 31 August 2022
Publisher: Edinburgh University Press

The recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe, have brought to the forefront important questions regarding the position and composition of the people in constitutional democracies. This book addresses these questions directly, as leading scholars from various fields, including law, legal theory, political theory, and history, explore the contemporary challenges facing constitutional democracies. With a strong emphasis on constitutional law, this book examines the legal and political power of the people in constitutional democracies. By bringing together an international range of contributors from the USA, Latin America, the UK, and continental Europe, the book explores the complex relationship between constitutional democracy and the people from multiple perspectives, including constitutional law, legal theory, political theory, and history. Contributors engage with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere to explore this relationship through the lens of radical democracy.

Introduction:
The recent political developments in the United States, Hungary, and Poland have raised significant concerns about the role and composition of the people in constitutional democracies. These events have highlighted the need for a deeper understanding of the dynamics between constitutional democracy and the people. This book aims to contribute to this understanding by bringing together leading scholars from various fields to explore the contemporary problems facing constitutional democracies.

Chapter 1:
In the first chapter, the book examines the legal power of the people in constitutional democracies. Contributors explore the extent to which the people can exercise their legal rights and the mechanisms available to them to challenge government actions. They also discuss the role of courts and other legal institutions in ensuring that the legal power of the people is protected and enforced.

Chapter 2:
The second chapter focuses on the political power of the people in constitutional democracies. Contributors examine the ways in which the people can participate in the political process, including voting, lobbying, and engaging in civil society. They also explore the challenges faced by marginalized groups, such as women, minorities, and the poor, in accessing political power and the role of social movements and political parties in promoting their interests.

Chapter 3:
In the third chapter, the book examines the relationship between constitutional democracy and the people from the perspective of radical democracy. Contributors engage with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Ranciere to explore the idea that the people are not just subjects of government but also active agents of change. They discuss the implications of this perspective for the role of the state, the rights of individuals, and the distribution of power.

Conclusion:
In conclusion, this book provides a comprehensive and interdisciplinary exploration of the contemporary problems facing constitutional democracies. By bringing together leading scholars from various fields, the book offers a rich and nuanced understanding of the complex relationship between constitutional democracy and the people. It provides valuable insights into the legal and political power of the people, as well as the challenges and opportunities they face in shaping the future of constitutional democracies.

Weight: 368g
Dimension: 156 x 232 x 22 (mm)
ISBN-13: 9781474454988