A theory of plural constituent power for federal systems

2024/01/19 by Nicholas Aroney, George Duke, Stephen Tierney · 1 voice · 4 citations
Social Sciences · #American Constitutional Law and Politics #Constitution #Federalism #Judicial and Constitutional Studies #Law #Law and economics #Linguistics #Philosophy #Physics #Plural #Political Systems and Governance #Political science #Politics #Polity #Power (physics) #Sociology

paper · pdf · doi:10.1017/s2045381723000400

published in Global Constitutionalism 13(3), 591-611 (Cambridge University Press)

openalex publication_date 2024/01/19 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/01

Abstract

Abstract Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustained through the maintenance of a tension between plurality and unity.

Citations

• Agonistic Democracy: Constituent Power in the Era of Globalisation

Discussions

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