Constituent Power in Founding Constitutions
The author analyses the normative consequences of the relationship between constituent power and constitutional identity in founding constitutions. In the first part of the article, the author points to the centrality of the constitution in the normative integration process of post-communist regimes...
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| Format: | Article |
| Language: | English |
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Faculty of Political Science, University of Belgrade, Serbia, and Faculty of Political Science, University of Zagreb
2015-01-01
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| Series: | Političke Perspektive |
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| Online Access: | https://hrcak.srce.hr/file/272689 |
| _version_ | 1797966068189233152 |
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| author | Milan Podunavac |
| author_facet | Milan Podunavac |
| author_sort | Milan Podunavac |
| collection | DOAJ |
| description | The author analyses the normative consequences of the relationship between constituent power and constitutional identity in founding constitutions. In the first part of the article, the author points to the centrality of the constitution in the normative integration process of post-communist regimes, while in the second part he analyzes competing constructs of ‘constituent power’ in the modern state building processes in Europe. In the third part the author uses the normative theoretical map of professor Ivan Prpić to analyze the structural deficits of post-communist founding constitutions and the specific form of tension between ‘constituent power’ and constitutional identity. The argument is that this tension can produce both democratic and liberal deficits of these regimes. |
| first_indexed | 2024-04-11T02:08:46Z |
| format | Article |
| id | doaj.art-c67b4cabf8d84b2e920206777776a87d |
| institution | Directory Open Access Journal |
| issn | 2217-561X 2335-027X |
| language | English |
| last_indexed | 2024-04-11T02:08:46Z |
| publishDate | 2015-01-01 |
| publisher | Faculty of Political Science, University of Belgrade, Serbia, and Faculty of Political Science, University of Zagreb |
| record_format | Article |
| series | Političke Perspektive |
| spelling | doaj.art-c67b4cabf8d84b2e920206777776a87d2023-01-03T02:34:41ZengFaculty of Political Science, University of Belgrade, Serbia, and Faculty of Political Science, University of ZagrebPolitičke Perspektive2217-561X2335-027X2015-01-01513333Constituent Power in Founding ConstitutionsMilan Podunavac0University of Donja Gorica, Podgorica, MontenegroThe author analyses the normative consequences of the relationship between constituent power and constitutional identity in founding constitutions. In the first part of the article, the author points to the centrality of the constitution in the normative integration process of post-communist regimes, while in the second part he analyzes competing constructs of ‘constituent power’ in the modern state building processes in Europe. In the third part the author uses the normative theoretical map of professor Ivan Prpić to analyze the structural deficits of post-communist founding constitutions and the specific form of tension between ‘constituent power’ and constitutional identity. The argument is that this tension can produce both democratic and liberal deficits of these regimes.https://hrcak.srce.hr/file/272689constituent powerconstitutional identityfounding constitutionsbelated nationsAbbé SieyèsCarl Schmitt |
| spellingShingle | Milan Podunavac Constituent Power in Founding Constitutions Političke Perspektive constituent power constitutional identity founding constitutions belated nations Abbé Sieyès Carl Schmitt |
| title | Constituent Power in Founding Constitutions |
| title_full | Constituent Power in Founding Constitutions |
| title_fullStr | Constituent Power in Founding Constitutions |
| title_full_unstemmed | Constituent Power in Founding Constitutions |
| title_short | Constituent Power in Founding Constitutions |
| title_sort | constituent power in founding constitutions |
| topic | constituent power constitutional identity founding constitutions belated nations Abbé Sieyès Carl Schmitt |
| url | https://hrcak.srce.hr/file/272689 |
| work_keys_str_mv | AT milanpodunavac constituentpowerinfoundingconstitutions |