2017
DOI: 10.1093/icon/mox073
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The American tradition of constituent power

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Cited by 22 publications
(3 citation statements)
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“…There is support for this concept in the practice of American constitution-making. During the American founding period, elected constitutional conventions were viewed not as all-powerful but instead as proposing bodies (Partlett 2017). One of the key participants in the Philadelphia Convention, James Wilson, explained that the Philadelphia Convention was "authorized to conclude nothing" but was "at liberty to propose any thing" (Farrand 1966, 253).…”
Section: Extraordinary Institutions: Constituent Assembliesmentioning
confidence: 99%
“…There is support for this concept in the practice of American constitution-making. During the American founding period, elected constitutional conventions were viewed not as all-powerful but instead as proposing bodies (Partlett 2017). One of the key participants in the Philadelphia Convention, James Wilson, explained that the Philadelphia Convention was "authorized to conclude nothing" but was "at liberty to propose any thing" (Farrand 1966, 253).…”
Section: Extraordinary Institutions: Constituent Assembliesmentioning
confidence: 99%
“…A better solution to this problem can be found within the "American tradition" of constituent power (Partlett, 2017).…”
Section: Relationship Rulesmentioning
confidence: 99%
“…A better solution to this problem can be found within the “American tradition” of constituent power (Partlett, ). In this tradition, elected constitution‐making bodies have no inherent power or privileged position vis‐à‐vis other constituted institutions other than those powers required to propose a constitutional text.…”
Section: Normative Implications: Dualism In Practicementioning
confidence: 99%