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The constituent power of the people is one of the fundamental ideas
of modern politics. It was first articulated during the early
modern revolutions when the idea was deployed to legitimize the
revolution and to develop constitutions. This study sketches the
historical background and the articulation of the idea of
constituent power of the people, using the threefold meaning of the
idea initially suggested by Carl Schmitt: constituent power being
power above the existing constitutional order, power within that
order, and power beside the constitutional order. These conceptions
are not only discussed in the historical context they were
articulated in but also placed within the framework of contemporary
political and constitutional thought. In doing so, this book
explores the various emphasizes that different theorists place on
the role of constituent power in democracies to provide a
comprehensive understanding of how this cornerstone of political
thought has evolved since it was first posited in the 18th Century.
Constituent power of the people is a core concept of modern
politics but what does this concept actually mean? This book
addresses this question, sketching how constituent power of the
people has been conceived since the early modern revolutions.
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