Modern constitutional theory

  • In this political treatise, Montesquieu pleaded in favor of a constitutional system of government and the separation of powers, the ending of slavery, the preservation of civil liberties and the law, and the idea that political institutions should reflect the social and geographical aspects of each community.
MODERN CONSTITUTIONAL THEORY: A READER (5th ed. 2004); MICHAEL J. GERHARDT the Constitution:'0 liberal theory; conservative theory; feminist theory; critical 
This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for Google BooksOriginally published: 1989

How do constitutional orders exercise constituent power?

If constituent power is understood as the popular power to create and change constitutions, and if referendums allow the electorate to ratify or reject a draft constitution or a proposed change to an existing one, then they seem to be the obvious mode of exercising constituent power in contemporary constitutional orders

What is a liberal constitution?

Constitutions, more specifically written liberal constitutions – the only ones I’m going to consider in the following remarks – are a set of rigid, entrenched legal norms concerning the structure of the government and the fundamental rights it must guarantee to the members of a political community

What is the theory of constituent power?

According to the theory of constituent power, there must be a separation between popular authority and governmental power

If referendums are indeed expressions of direct democracy, then they abolish the distinction between constituent and constituted power, and transfer all powers in the hands of the people


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