Constant’s liberal theory of popular sovereignty

Abstract

ABSTRACT In Principes de Politique (1815), Benjamin Constant offers a blueprint for later liberal attempts to retain a commitment to popular sovereignty, while moderating its absolutist tendencies and associations with arbitrary political power. This paper examines some notable tensions, still relevant today, in Constant’s domesticated liberal concept of popular sovereignty. These tensions, I contend, all point to the conclusion that Constant’s project of limiting popular sovereignty by appeal to a sacrosanct domain of rights rests on a liberal interpretation of the general will, which is in fact constitutive for the enjoyment of individual liberties. Section 2 argues that Constant’s location of popular sovereignty in the legislative general will, as determined by elected representatives, does not overcome the problem of the potential arrogation of the popular will by a partisan minority. Section 3 then examines Constant’s views on rights and the implications of his acknowledgement that the enjoyment of liberties depends upon the institutional guarantee provided by constitutional enactment. Finally, in section 4, I demonstrate that Constant’s valorization of individual self-development is inseparable from an idea of political liberty which reflects the priorities of a liberal elite.