Making and re-making the theory of constitutional democracy: further observations

Accepted for publication in Revus - Journal for Constitutional Theory and Philosophy of Law

25 Pages Posted: 26 Aug 2024

See all articles by Paolo Sandro

Paolo Sandro

University of Leeds - School of Law

Date Written: August 02, 2024

Abstract

In this reply I address many of the observations and criticisms raised by Donald Bello Hutt, Mathieu Carpentier, Maris Köpcke, and Graziella Romeo vis-à-vis in my book The Making of Constitutional Democracy: From Creation to Application of Law (Hart 2022). The discussion touches upon a host of different but interconnected issues: from the necessary connection (or lack thereof) between the state and the rule of law; to the feasibility and relevance of the distinction between law as lex and law as ius for modern constitutionalism; to the role and scope of a theory of normative powers for the concept of law-application; to the centrality of the idea of contingency in constitutional theory and its consequences for constitutional design. As a result, I clarify and further develop several aspects of the theory (and meta-theory) of constitutional democracy I originally presented in the book.

Keywords: lex, ius, power-conferring norm, rule of law, state, constitutionalism, normative powers, constitutional theory

Suggested Citation

Sandro, Paolo, Making and re-making the theory of constitutional democracy: further observations (August 02, 2024). Accepted for publication in Revus - Journal for Constitutional Theory and Philosophy of Law, Available at SSRN: https://ssrn.com/abstract=4918913 or http://dx.doi.org/10.2139/ssrn.4918913

Paolo Sandro (Contact Author)

University of Leeds - School of Law ( email )

Leeds LS2 9JT
United Kingdom

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