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Politics & Government

Constituent Power in Revolutionary Constitutional Transitions

Quick fact

In revolutionary transitions, the 'constituent power' of the people to make a new constitution is often exercised by an assembly or movement acting in bold violation of the existing legal order—creating the founding paradox that the new constitutional legitimacy rests on an extralegal act.

Why this is interesting

When a nation tears up its constitution and starts over, where does the authority to do so magically come from? And why does the world accept the result as law?