Constituent power is usually said to be a ‘revolutionary’ power: a power to produce a new constitution in a ‘revolutionary’ way. But what does this mean? In what sense (or senses) is there a relationship between the concept of ‘constituent power’ and the concept of ‘revolution’? This article will attempt to answer this question by: i) reviewing two complementary theoretical definitions that formulate a restricted concept of ‘revolution’ (restricted to the legal perspective); and ii) the identification of two possibilities of connection between the concept of ‘constituent power’ and the concept of ‘revolution’, depending on whether a broad or restricted concept of the latter is adopted.
Baquerizo Minuche, J.O. (2021). 'Poder Constituyente' y 'Revolución': relación de dos conceptos en clave jurídica. DIRITTO & QUESTIONI PUBBLICHE, 2021/1, 175-195.
'Poder Constituyente' y 'Revolución': relación de dos conceptos en clave jurídica
Baquerizo Minuche, Jorge Orson
2021-01-01
Abstract
Constituent power is usually said to be a ‘revolutionary’ power: a power to produce a new constitution in a ‘revolutionary’ way. But what does this mean? In what sense (or senses) is there a relationship between the concept of ‘constituent power’ and the concept of ‘revolution’? This article will attempt to answer this question by: i) reviewing two complementary theoretical definitions that formulate a restricted concept of ‘revolution’ (restricted to the legal perspective); and ii) the identification of two possibilities of connection between the concept of ‘constituent power’ and the concept of ‘revolution’, depending on whether a broad or restricted concept of the latter is adopted.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


