Chapter 1 - Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power

Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power, Chapter 1 (Routledge, 2012)

Victoria University of Wellington Legal Research Paper No. 33/2012

14 Pages Posted: 31 Jul 2012 Last revised: 29 Mar 2015

See all articles by Joel I. Colón-Ríos

Joel I. Colón-Ríos

Victoria University of Wellington - Faculty of Law

Date Written: May 16, 2012

Abstract

This is the first chapter of Weak Constitutionalism: Democratic Legitimacy and Constituent Power (Routledge, 2012). It introduces the argument presented in the book and outlines the content of each chapter. The book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The book engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse.

Keywords: constituent power, constitutional change, constitutionalism, weak constitutionalism, democracy, popular participation, unconstitutional constitutional amendments, Latin American constitutionalism, popular constitutionalism, legitimacy, constitutional reform

Suggested Citation

Colón-Ríos, Joel I., Chapter 1 - Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power (May 16, 2012). Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power, Chapter 1 (Routledge, 2012); Victoria University of Wellington Legal Research Paper No. 33/2012. Available at SSRN: https://ssrn.com/abstract=2120240

Joel I. Colón-Ríos (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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