Sovereignty as Discourse
Robert L. Tsai
American University - Washington College of Law
Constitutional Commentary, Vol. 25, p. 157, 2008
American University, WCL Research Paper No. 09-33
This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.
Number of Pages in PDF File: 14Accepted Paper Series
Date posted: February 6, 2009 ; Last revised: November 2, 2009
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