Legality, Legitimacy, and Democratic Constitution Making
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Figueroa García Herreros, Nicolás
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What makes a constitution democratically legitimate? What kind of constitution making process is more likely to yield democratic and constitutionalist outcomes? These are two of the central questions guiding the work of Andrew Arato. With the recent publication of Post Sovereign Constitution Making and The Adventures of the Constituent Power, Arato significantly advances his decades long project of a normatively informed sociology of constitutional change. His main argument is historical in character: a post sovereign model of constitution making has emerged “out of the adventures of the revolutionary and populist idea of the sovereign constituent power”Footnote1. However, this is also an argument with normative implications: the fundamental weakness of sovereign constitution making is its elective affinity to dictatorship, a political danger made evident by the history of modern revolutions.
Constitution , Constituent Power , Constitutionalism , Democratic Legitimacy