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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...
Persistent link: https://www.econbiz.de/10010309738
The constitutional politics of the European Union have been intensely debated in recent times. A key concern, voiced both within the academy and at street level, is how citizens could be endowed with the ability to shape, revise and legitimise evolving constitutional settlements. This paper...
Persistent link: https://www.econbiz.de/10015070623
This article analyses the emergency governance of international organizations by combining securitization theory with legal theory on the state of exception. Our main argument is that where issues are securitized as global threats, exceptionalism can emerge at the level of supranational bodies,...
Persistent link: https://www.econbiz.de/10011948103