Democratic legitimacy does not require constitutional referendum. On ‘the constitution’ in theories of constituent power

European Constitutional Law Review, Volume 14, Issue 3, pp. 567-583, doi.org/10.1017/S1574019618000287

Sammanfattning

Constitutional referendum – Popular sovereignty – Constituent power – Democratic legitimacy – Participation in referendum as exercise of constituent power – The legal status conception of the constitution – The legal functions conception of the constitution – Open question whether every provision in codified constitutions is essential to constituent power – Therefore, constitutional referendum not always mandated by democratic legitimacy

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