I argue that legal and constitutional theory should avoid the idea of constituent power. It is unhelpful in seeking to … itself within positivist legal theory, which explains the affinity between theories of constituent power and legal positivist … order, thus making the question of constituent power superfluous. -- legal theory ; constitutional theory ; constituent …

. This distinction is not new, it is even obvious or commonsensical. However, first, this multi-layered nature of power is … personal powers and the social ones); second, in our view there is not a good analytic theory of the personal and interpersonal … layers of power and of their – not so obvious – relationships with the power that we prefer to call “institutional” (where …