Colon-Rios, Joel (2025) Constituent Assemblies. In: The Cambridge Handbook of Constitutional Theory. Cambridge University Press, pp. 721-735. ISBN 9781108868143. Official URL: https://doi.org/10.1017/9781108868143.048
Colon-Rios, Joel (2025) Constituent Assemblies. In: The Cambridge Handbook of Constitutional Theory. Cambridge University Press, pp. 721-735. ISBN 9781108868143. Official URL: https://doi.org/10.1017/9781108868143.048
Colon-Rios, Joel (2025) Constituent Assemblies. In: The Cambridge Handbook of Constitutional Theory. Cambridge University Press, pp. 721-735. ISBN 9781108868143. Official URL: https://doi.org/10.1017/9781108868143.048
Abstract
What are the elements uniting (or distinguishing) entities that in different jurisdictions and historical periods, have been officially called General Congresses, Constituent Parliaments, Constituent Congresses, National Constituent Assemblies, Constitutional Assemblies, Assemblies of Revision, Parallel Constituent Assembles, or Conventions, but at the same time are generically labelled by political actors and academics as ‘constituent assemblies’? In attempting to answer that question, the objective of this chapter is threefold. First, to describe the main features of the type of institution that can be accurately identified as a constituent assembly. This requires a conception that is broad enough to cover most constitution-making bodies that would be normally labelled as ‘constituent assemblies’, but specific enough as to discriminate against entities that lack certain features. I propose that, while constituent assemblies may be understood in terms of their form or function, it is the nature of their power what distinguishes them from other constitution-drafting mechanisms. My second objective is to enquire into the limits of the power of -a properly understood- constituent assembly. Third, and relatedly, to consider the effects that the attempt to constitutionally regulate such an entity has on its ‘constituent’ nature.
Item Type: | Book Section |
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Uncontrolled Keywords: | constituent assemblies; constitution-making; constitutional revision; constituent power; sovereignty; popular sovereignty |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 31 Mar 2025 18:44 |
Last Modified: | 31 Mar 2025 18:44 |
URI: | http://repository.essex.ac.uk/id/eprint/40613 |