Abstract

http://ssrn.com/abstract=2172054
 
 

Footnotes (108)



 


 



The Constituent Power in a National and in a Transnational Context


Alexander Somek


University of Iowa - College of Law

November 1, 2012

3(1) Transnational Legal Theory pp. 31-60 (2012)
U Iowa Legal Studies Research Paper No. 12-35

Abstract:     
This paper attempts to make sense of Abbé Sieyès’ classical conception of the nation as the constituent power underlying a constitutional system. It then goes on to explore whether it is possible to conceive of such a power under trans- or post-national conditions. What, if anything, might be the power constituting transnational sites of authority, which are by definition not linked to a particular people? The answer to this question requires a modified understanding of collective self-determination. It will be seen, however, that ‘constituting’ does not amount to the same thing in a national and in a transnational context.

Number of Pages in PDF File: 45

Keywords: constitution, popular sovereignty, transnational authority, nation, action, Arendt, Sieyes, revolution

Accepted Paper Series





Download This Paper

Date posted: November 8, 2012 ; Last revised: December 17, 2012

Suggested Citation

Somek, Alexander, The Constituent Power in a National and in a Transnational Context (November 1, 2012). 3(1) Transnational Legal Theory pp. 31-60 (2012); U Iowa Legal Studies Research Paper No. 12-35. Available at SSRN: http://ssrn.com/abstract=2172054

Contact Information

Alexander Somek (Contact Author)
University of Iowa - College of Law ( email )
Melrose and Byington
Iowa City, IA 52242
United States
Feedback to SSRN


Paper statistics
Abstract Views: 432
Downloads: 126
Download Rank: 136,071
Footnotes:  108

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.313 seconds