Abstract
It is common nowadays to argue that constitutional democracy allows the resolution of tensions between revolutionary and constitutional understandings of constituent power. Central to this claim is the proposition that constitutional democracy is reflexive. It establishes a framework for politics but at the same time allows for changes to this framework. It provides the institutions within which ordinary politics takes place but also makes constitutional reform possible. Constituent power is, then, the ability to change the constitution through the tools the constitution provides. Critics argue that this makes constituent power dependent on constituted power in highly problematic ways. What is lost is the openness to the future, the promise of liberation and the kind of societal transformation they associate with constituent power. Proponents of the reflexive constitution argue, to the contrary, that constitutional democracy is sufficiently strong and flexible to allow the challenging and transforming of societal power relations. It allows for social change while avoiding the risks associated with the revolutionary concept, such as the risks of actions spiralling out of hand. It is possible to give constituent power a radical meaning while avoiding the lawlessness of revolution.KeywordsCivil DisobediencePolitical FreedomConstitutional ReformConstitutional ChangeLegal SubjectThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
Published Version
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