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dc.contributor.authorRubinelli, Lucia
dc.date.accessioned2019-05-06T23:30:29Z
dc.date.available2019-05-06T23:30:29Z
dc.date.issued2018-01-02
dc.identifier.issn0191-6599
dc.identifier.urihttps://www.repository.cam.ac.uk/handle/1810/292435
dc.description.abstractPolitical theorists recently focussed their attention on the history of the idea of constituent power. This, they claim, shows that the notion of pouvoir constituant expressed the radical and absolute power of the sovereign people. In other words, constituent power pointed at the democratic and irresistible core of popular sovereignty. In this paper, I argue that the analysis of nineteenth-century French political thought offers a different account of constituent powerÕs history. Analysing archival resources, I show that in the aftermath of the French Revolution politicians and legal scholars relied on constituent power to tame the idea of sovereignty and the powers from it derived. First, during the Restoration constituent power was used to pose a limit to the power of the monarch. Second, throughout the July Monarchy scholars resorted to constituent power to claim that, even if the people was sovereign, its power was restricted to authorising the constitution. Third, during the Second Republic, jurists and politicians addressed the peopleÕs sovereign power in terms of constituent and constituted power. While the first was meant to disappear after the constitutionÕs approval, the second was a second-order power limited by the hierarchy of norms and the rigidity of the constitution.
dc.publisherTaylor & Francis
dc.rightsAll rights reserved
dc.titleTaming sovereignty: constituent power in nineteenth-century French political thought
dc.typeArticle
prism.endingPage74
prism.issueIdentifier1
prism.publicationNameHistory of European Ideas
prism.startingPage60
prism.volume44
dc.identifier.doi10.17863/CAM.39592
dcterms.dateAccepted2016-06-02
rioxxterms.versionofrecord10.1080/01916599.2016.1234969
rioxxterms.versionAM
rioxxterms.licenseref.urihttp://www.rioxx.net/licenses/all-rights-reserved
rioxxterms.licenseref.startdate2016-06-02
dc.identifier.eissn1873-541X
dc.publisher.urlhttps://www.tandfonline.com/doi/full/10.1080/01916599.2016.1234969
rioxxterms.typeJournal Article/Review
cam.issuedOnline2016-10-10
dc.identifier.urlhttps://www.tandfonline.com/doi/full/10.1080/01916599.2016.1234969
rioxxterms.freetoread.startdate2018-04-10


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