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  3. The Adventures of the Constituent Power
  • Cited by 68
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    • Publisher:
      Cambridge University Press
      Publication date:
      November 2017
      November 2017
      ISBN:
      9781316411315
      9781107126794
      9781107565647
      DOI:
      https://doi.org/10.1017/9781316411315
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.81kg, 480 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.68kg, 481 Pages
      • Subjects:
      Constitutional and Administrative Law, Law, Comparative Law, Politics and International Relations, Comparative Politics
      Series:
      Comparative Constitutional Law and Policy
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    Subjects:
    Constitutional and Administrative Law, Law, Comparative Law, Politics and International Relations, Comparative Politics
    Series:
    Comparative Constitutional Law and Policy
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    Book description

    Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the eighteenth century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.

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