Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering
Ratio Juris, Vol. 23, pp. 390-410, 2010
28 Pages Posted: 9 Jan 2010 Last revised: 19 Sep 2010
Date Written: August 21, 2010
Drawing upon Hannah Arendt’s and Carl Schmitt’s theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as a constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by a constitution is omnipotent, complementing and completing constitutionalism, this paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational and jurisdictional.
Keywords: constitutional nomos, generational and jurisdictional boundaries, constitutional omnipotence, political modernity, political power, constitutionalism
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