On New Beginnings and Democratic Legitimacy

Abstract

This paper sets out to discuss the enigma of revolutionary new political beginnings of constitutional orders. The problem is that when a political community is constituted, the act of constituting per definition is unconstitutional or extra-legal. For this reason the question of new beginnings is a political and not a legal question. The question of what the authority of the constituent act is presents an important question since the constitution is the fundamental law from which the legitimacy or authority of all other laws is derived. The problem for this paper is whether and in what way it is possible to think new beginnings that are not merely institutionalizations of factual relations of domination or arbitrary acts of violence. This problem is discussed on basis of two revolutionary theories in the tradition of constituent power—Emmanuel Sieyès and Hannah Arendt—that both understand power to emanate from below and not from above whereby they both, though in different way, present arguments against the understanding that new beginnings merely are institutionalizations of relations of domination and arbitrary acts of violence. The question of whether and to what extent they are successful and whether their theories are democratic will finally be discussed.