constituent power

"Formulas last, so they don't track changes in constituent power very easily."

It can thus only be changed by special procedures, generally (and certainly for major change) requiring reference back to the constituent power.

He was wondering about our constituent power.

Now, where is the constituent power?

The judgment clearly imposes further limitations on the constituent power of Parliament with respect to the principles underlying certain fundamental rights.

Lecture: "Theory and practice of post sovereign constituent power" (March 2012)

It was, essentially, a constituent power.

Had the social contract been broken and the nation, 'which had done all' in the way of resistance to the intruder, resumed its constituent powers?

This is the notion of the constituent power ('pouvoir constituant'- because we do not think along these lines, the English translation sounds strange).

The Malaysian courts have distinguished between the exercise of "constituent power" and "legislative power" by Parliament.

Constituent powers to create a new constitution and change the type of government were allocated to the Russian Constituent Assembly.

Insurgencies: Constituent Power and the Modern State (1999)

When Parliament amends the Constitution by exercising constituent power, the amendment Act cannot be challenged as inconsistent with the Constitution's existing provisions.

According to Arendt, this meant that the authority, the "constituent power," of those who formulated both the state and federal constitutions was never seriously questioned by the people.

This may well be what we will do, for example, as regards the role of the constituent power of the national parliaments or even their role in interpreting the subsidiarity principle.

Okoh Peoples Union (OPU) is a democratic body with full constituent powers charged with the responsibility of the day to day running and political administration of Okoh.

Queen Maria II ordered the reinstatement of the 1826 Charter, but little was made of reconciling the moderate or radical left, nor recognition of constituent power of the Nation.

On the other hand, Kenneth Wheare has theorized that Parliament obtains the necessary constituent power to bring a constitution into force simply by virtue of the election of its members into office.

In the Fall of 1795 the States-General started to work on a procedure to peacefully replace itself, "by constitutional means", with a National Assembly that would possess full executive, legislative and constituent powers.

There is a point, however, to which the Napolitano report claims, according to the explanatory statement, to have brought 'an extremely important innovation' : that is, the proposal of some sort of 'joint constituent power' .

The strangest feature about the early triumphs of liberalism at Cadiz is the absence of any consistent conservative opposition to the enactments of a political philosophy based on the constituent powers of the sovereign people.

"Self-Evident Fictions: Divine Right, Popular Sovereignty, and the Myth of the Constituent Power in the Anglo-American World", University of Texas Law Review, 67 (June 1989)

If there is in fact to be a constitution, it can, therefore, only proceed from the constituent power, that is to say the sovereign people, and it can only be ratified by that same sovereign people.

Since the constitution is a representation of the will of the people, and the people have exercised their will to elect MPs as their representatives, the Parliament has the requisite constituent power to enact the constitution.

Parliament attempted to remove this limitation by enacting the Forty-second Amendment, which declared, among other provisions, that "there shall be no limitation whatever on the constituent power of Parliament to amend ...this Constitution".