Hans lindahl constituent power and reflexive identity towards an ontology of collective selfhood in the paradox of constitutionalism constituent power and constitutional form 27 m artin loughlin neil walker eds oxford univ press 2007. This book examines some of the key features of what may be called the paradox of constitutionalism whether those who have the authority to make a constitution the constitutive power can do so without effectively surrendering that authority to the institutional sites of power constituted by the constitutional form they enact. The paradox of constitutionalism constituent power and constitutional form edited by martin loughlin and neil walker promotes the subject of constitutional theory as a distinct mode of inquiry developing a neglected subject that is rapidly growing in importance. The paradox of constitutionalism constituent power and constitutional form a central building block of constitutional theory is the idea of the constituent power of the people simply put the people conceptualized as a single entity is understood as the sole creator of its constitutional order. Some scholars contend as forming the core of modern constitutionalism the paradox of constituent power and constitutional form 6 the endeavour of the present paper will be to provide a possible functional solution to the paradox and by such solution bring forth the structural distinction between the concepts of constituent
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