(Ebook) Weak Constitutionalism Democratic Legitimacy and the Question of Constituent Power 1st Edition by Joel Colon Rios ISBN 0415671906 9780415671903

(Ebook) Weak Constitutionalism Democratic Legitimacy and the Question of Constituent Power 1st Edition by Joel Colon Rios ISBN 0415671906 9780415671903

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ISBN 10: 0415671906 
ISBN 13: 9780415671903
Author: Joel Colon Rios

It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This 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 author 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. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

(Ebook) Weak Constitutionalism Democratic Legitimacy and the Question of Constituent Power 1st Table of contents:

1. Dedication Page
2. Table Of Contents
3. Acknowledgements
4. Introduction: towards a weak constitutionalism
5. Democratic Constitutionalism
6. Democracy and the Fundamental Laws
7. Constituent Power
8. Democratic Legitimacy
9. Weak Constitutionalism
10. Outline of the Argument
11. The End of Constitutionalism
12. The Aspiration to Permanence (or the Fear of Constituent Power)
13. Constitutionalism as the Protector of Democracy
14. Beyond ‘Democratic Rights': The Extra-Democratic Effects of Constitutions
15. Concluding Remarks
16. The Second Dimension of Democracy
17. The Two Dimensions of Democracy
18. The Theory and Practice of Substantive and Procedural Democracy
19. Ignoring the Second Dimension of Democracy
20. The Second Dimension of Democracy: Approaching Constituent Power
21. Concluding Remarks
22. Democracy's Principles
23. The Principle of Democratic Openness
24. The Principle of Popular Participation
25. Negating Democratic Openness
26. Negating Popular Participation
27. Concluding Remarks
28. The Theory (and Practice) of Constituent Power
29. Locke and Lawson: Constituent Power or Right of Resistance?
30. Sieyes and Schmitt on Constituent Power and Constitutional Remaking
31. Constituent Power in Contemporary Constitutionalism
32. Concluding Remarks
33. The Idea of Democratic Legitimacy
34. The Idea of Legitimacy
35. Towards a Conception of Democratic Legitimacy
36. Democratic Legitimacy and the Risks of Constituent Power
37. The Conditions of Democratic Legitimacy
38. Concluding Remarks
39. The Transformation of the Juridical
40. Schmitt and Rawls on the Limits of Constitutional Reform
41. The Judicial Doctrine of Constitutional Substitution
42. Constitutional Reform and Acts of the People
43. Concluding Remarks
44. The Beginnings of Weak Constitutionalism
45. Weak Constitutionalism
46. Exercising Constituent Power or Weak Constitutionalism's Mechanisms
47. Of Constituent Assemblies Convened from Below
48. Constituent Assemblies and Unwritten Constitutions
49. Concluding Remarks
50. Activating Constituent Power
51. The Activation/Execution Distinction
52. Of Revolutions, Informal Assemblies, and Other Protests
53. Concluding Remarks
54. Conclusion

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Tags: Joel Colon Rios, Constitutionalism, Democratic