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

See all articles by Ming-Sung Kuo

Ming-Sung Kuo

University of Warwick - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: August 21, 2010

Abstract

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

Suggested Citation

Kuo, Ming-Sung, Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering (August 21, 2010). Ratio Juris, Vol. 23, pp. 390-410, 2010. Available at SSRN: https://ssrn.com/abstract=1533483

Ming-Sung Kuo (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry, CV4 7AL
United Kingdom

HOME PAGE: http://warwick.ac.uk/fac/soc/law/people?id=4945a0b0c6550cc21bbcc89cf0b570af

Register to save articles to
your library

Register

Paper statistics

Downloads
170
Abstract Views
855
rank
174,674
PlumX Metrics