Constitutional change is fundamental to understanding a constitutional order. On the one hand, constitutional change involves the foundational questions of a political community. Should we create a new constitution? Should we change our constitution? What is the relationship between constitution, state and people? On the other hand, the mechanisms for constitutional change are highly relevant...
Constitutional Beginnings
A significant strand within constitutional thought treats constitutions as foundational events, marking the point at which a new state and/or constitutional order comes into existence. For Schmitt, a constitution is valid because it derives from the will of a constitution-making power or authority; the word ‘will’ denotes an actually existing power as the origin of...
Media balance in referendum campaigns
Referendums, in the aftermath of Brexit and with the rise of populist movements worldwide, are viewed with a renewed scepticism. An acute concern is the promulgation of misinformation and alternative facts, as voters struggle to distinguish the signal from the noise in the face of new media. In Ireland, where referendums to change the constitution...
Legal powers and constitutional change
My object is to analyse the concept of a legal power to change a constitution (and more broadly, to change constitutional law). I will look at how the notions of constitution-making (constitution-changing) powers used in constitutional change literature map onto debates specifically on legal powers (in public law and in private law). For instance, I...
The Temporal Dimension of the State
In the paper I will seek to identify and consider some distinct qualities of the state’s temporal dimension. The main focus will be on the state being a temporally infinite object. I will investigate in particular how, if at all, permanence is intended or effected by the persons whose actions collectively constitute or maintain the...