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The Founding Constitution. Reflections on the Constitution of a Federation and its Peculiarity

Jus Politicum, No 17, Thinking about Federalism(s)

36 Pages Posted: 17 Feb 2017  

Olivier Beaud

University of Pantheon-Assas

Date Written: February 13, 2017

Abstract

In this article, we claim that the constitution of a Federation may be described as a federative compact and must, in our view, be thought of as different from a unitary constitution. To demonstrate this specificity of the federative constitution, we have used two criteria: formal and material. From a formal point of view, a federative compact is a result of an agreement, and it can be illustrated by the originality of the process of higher law making. From the material point of view, a federative compact possesses many clauses which are not to be found in a unitary constitution. This essay tries to develop further the idea of an autonomy of the Federation (as a political form) which is not a State.

Keywords: unitary constitution, federative constitution, federal constitution, compact, constituent power, clauses

Suggested Citation

Beaud, Olivier, The Founding Constitution. Reflections on the Constitution of a Federation and its Peculiarity (February 13, 2017). Jus Politicum, No 17, Thinking about Federalism(s). Available at SSRN: https://ssrn.com/abstract=2916269

Olivier Beaud (Contact Author)

University of Pantheon-Assas ( email )

12 place du Pantheon
Paris cedex 06, 75231
France

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