It has been frequently argued that democracy is protected and
realized under constitutions that protect certain rights and
establish the conditions for a functioning representative
democracy. However, some democrats still find something profoundly
unsettling about contemporary constitutional regimes. The
participation of ordinary citizens in constitutional change in the
world's most "advanced" democracies (such as the United States,
Canada, and the United Kingdom) is weak at best: the power of
constitutional reform usually lies in the exclusive hands of
legislatures. How can constitutions that can only be altered by
those occupying positions of power be considered democratically
legitimate? This 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 author 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. Weak
Constitutionalism: Democratic Legitimacy and the Question of
Constituent Power will be of particular interest to legal/political
theorists and comparative constitutional lawyers. It also provides
an introduction to the theory of constituent power and its
relationship to constitutionalism and democracy.
General
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