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Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering

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Abstract:

Abstract

Drawing upon Hannah Arendt's and Carl Schmitt's theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by constitutions is omnipotent, complementing and completing constitutionalism, the paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational, and jurisdictional.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1467-9337.2010.00460.x

Publication date: 2010-09-01

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