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1 results

  • A theory of plural constituent power for federal systems

  • Nicholas Aroney, George Duke, Stephen Tierney
  • Journal:
    Global Constitutionalism , First View
    Published online by Cambridge University Press:
    19 January 2024, pp. 1-21
    • Article
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  • Federations present difficulties for prevailing theories of constituent power, which usually attribute ultimate constitution-making authority to a singular people. This article examines how a ‘pluralized’ constituent power functions in federal systems. It argues that the operation of plural constituent power in federations reflects a distinctive model of constitutional formation according to which a ‘polity of polities’ is established and sustained through the maintenance of a tension between plurality and unity.