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The Paradox of Constitutionalism


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Table of Contents

Introduction 1: Hans Lindahl: Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood A Conceptual History of Constituent Power 2: Martin Loughlin: Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice 3: Stephen M. Griffin: Constituent Power and Constitutional Change in American Constitutionalism 4: Lucien Jaume: Constituent Power in France: The Revolution and its Consequences 5: Christoph Moellers: 'We are (afraid of) the people': Constituent Power in German Constitutionalism 6: John P. McCormick: People and Elites in Republican Constitutions, Traditional and Modern The Articulation of Constituent Power: Rival Conceptions 7: David Dyzenhaus: The Politics of the Question of Constituent Power 8: Rainer Nickel: Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State 9: Paolo Carrozza: Constitutionalism's Post-Modern Opening 10: Emilios Christodoulidis: Against Substitution: The Constitutional Thinking of Dissensus Extension and Diversification of Constituent Power 11: Ulrich Preuss: The Exercise of Constituent Power in Central and Eastern Europe 12: Stephen Tierney: 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States 13: Neil Walker: Post-Constituent Constitutionalism? The Case of the European Union 14: Bardo Fassbender: 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law 15: Damien Chalmers: Constituent Power and the Pluralist Ethic 16: James Tully: The Imperialism of Modern Constitutional Democracy

About the Author

Martin Loughlin is Professor of Public Law, at the London School of Economics and Political Science Neil Walker is Professor of European Law, at the European University Institute

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