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...

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...

Constituent power is the base of modern democracy, for two main reasons, a historical and analytical one. First, the birth of the modern doctrine of popular sovereignty coincides with the conceptual advent of constituent power. From a historical point of view then, constituent power and modern...

This article derives theoretical expectations about the importance of nonseparable preferences at EU treaty negotiations. It argues that member states’ positions on the degree of integration depend on the expected reform of the decision rule and vice versa. This nonseparability effect...

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,...

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,...