Multi-Track Constitutionalism Beyond Carl Schmitt

Constellations, Vol. 18, No. 3, 2011

29 Pages Posted: 10 Nov 2013

See all articles by Andrew Arato

Andrew Arato

New School for Social Research

Date Written: 2011

Abstract

Two great models of constitution making are in competition today, the populist-democratic one revived in the Andean republics of Latin America, and the post (organ) sovereign paradigm developed from Spain in the 1970s via Central Europe in 89 and after, and perfected in South Africa in the 1990s. The former, with an elective affinity for dictatorship so obviously precarious for constitutional democracy, falls well within Carl Schmitt’s institutionally somewhat indeterminate scheme of constituent power. The latter decisively breaks with his theory, and leads to a new and different theory of constituent authority, based on the pluralistic, multi-stage generation of democratic legitimacy capable of taking questions of power into full account.

Suggested Citation

Arato, Andrew, Multi-Track Constitutionalism Beyond Carl Schmitt (2011). Constellations, Vol. 18, No. 3, 2011. Available at SSRN: https://ssrn.com/abstract=2352309

Andrew Arato (Contact Author)

New School for Social Research ( email )

66 West 12th Street
New York, NY 10011
United States

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