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Technology

Constituent Power vs. Constituted Power in Constitutional Theory

Quick fact

In constitutional theory, the 'people' who ratify a constitution exercise a power that is not itself defined by that constitution—a power so fundamental that it cannot be legally revoked or amended away, marking the boundary between legal and political sovereignty.

Why this is interesting

Every country has a government that makes laws, but who makes the rules that govern the government? And can that original authority ever be reclaimed?