Chapter 1 - Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power

Joel I. Colón-Ríos 

Victoria University of Wellington - Faculty of Law
May 16, 2012

Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power, Chapter 1 (Routledge, 2012) 
Abstract:      
This is the first chapter of Weak Constitutionalism: Democratic Legitimacy and Constituent Power (Routledge, 2012). It introduces the argument presented in the book and outlines the content of each chapter. The book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The book engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left’s legal and political discourse.

Number of Pages in PDF File: 13

Keywords: constituent power, constitutional change, constitutionalism, weak constitutionalism, democracy, popular participation, unconstitutional constitutional amendments, Latin American constitutionalism, popular constitutionalism, legitimacy, constitutional reform

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2120240