Constitutional Commentary, Vol. 25, p. 157, 2008
14 Pages Posted: 6 Feb 2009 Last revised: 2 Nov 2009
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: 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