Sandro, P. orcid.org/0000-0002-0601-9031 (2024) Making and re-making the theory of constitutional democracy: further observations. Revus, 52. ISSN 1855-7112
Abstract
In this reply, I address many of the observations and criticisms raised by Donald Bello Hutt, Mathieu Carpentier, Maris Köpcke, and Graziella Romeo vis-à-vis in my book The Making of Constitutional Democracy: From Creation to Application of Law (Hart Publishing 2022). The discussion touches upon a host of different but interconnected issues: from the necessary connection (or lack thereof) between the state and the rule of law; to the feasibility and relevance of the distinction between law as lex and law as ius for modern constitutionalism; to the role and scope of a theory of normative powers for the concept of law-application; to the centrality of the idea of contingency in constitutional theory and its consequences for constitutional design. As a result, I clarify and further develop several aspects of the theory (and meta-theory) of constitutional democracy I originally presented in the book.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This item is protected by copyright. This is an author produced version of an article published in Revus. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | constitutionalism; lex/ius; normative power; contingency; constitutional theory; rule of law; state |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 02 Aug 2024 13:07 |
Last Modified: | 23 Sep 2024 10:03 |
Published Version: | https://journals.openedition.org/revus/10375 |
Status: | Published online |
Publisher: | Klub Revus |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:215645 |