Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering

21 Pages Posted: 18 Aug 2010

See all articles by Ming-Sung Kuo

Ming-Sung Kuo

University of Warwick - School of Law

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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 constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the 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.

Suggested Citation

Kuo, Ming-Sung, Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering. Ratio Juris, Vol. 23, No. 3, pp. 390-410, September 2010. Available at SSRN: https://ssrn.com/abstract=1660733 or http://dx.doi.org/10.1111/j.1467-9337.2010.00460.x

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

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