I argue that legal and constitutional theory should avoid the idea of constituent power. It is unhelpful in seeking to understand the authority of law and the place of written constitutions in such an understanding. In particular, it results in a deep ambivalence about whether authority is...

There is a widespread agreement in modern democracies that a state should not force its citizens to lead lives they do not endorse themselves. It is also generally agreed that state acts should not be justified by appealing to the authority of religious books. Such claims are often reformulated...