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Sovereignty as Discourse

Constitutional Commentary, Vol. 25, p. 157, 2008

American University, WCL Research Paper No. 09-33

14 Pages Posted: 6 Feb 2009 Last revised: 2 Nov 2009

Robert L. Tsai

American University - Washington College of Law

Abstract

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.

Suggested Citation

Tsai, Robert L., Sovereignty as Discourse. Constitutional Commentary, Vol. 25, p. 157, 2008 ; American University, WCL Research Paper No. 09-33. Available at SSRN: https://ssrn.com/abstract=1338361

Robert L. Tsai (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, N.W.
Washington, DC 20016
United States
202.274.4370 (Phone)

HOME PAGE: http://www.wcl.american.edu/faculty/rtsai/

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