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...
Tag: <span>Oran Doyle</span>
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...