The Revival of Constituent Power

Abstract Recent decades have seen a renewed interest in the notion of constituent power. Scholars across disciplines as well as political actors have rediscovered the concept and challenged traditional accounts of its scope and function. This introductory chapter organizes and presents the contributions to the volume. The notion of constituent power places the authority of foundational law-giving in the hands of the people and subordinates all state powers to it. Historically and systematically, it is a fundamental category of democratic legitimacy in Western and non-Western political thought, yet open to abuse by power-holders. Its open-ended character attests to its malleability, its manifestations in violent revolution or peaceful, comprehensive societal transformation, and also its recent application to federal and border-crossing polities. The chapter closes by examining new developments in feminist, ecological, and cosmopolitan thought.