Tamara El Khoury
- Supremacy — Legitimacy
Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
1. Pouvoir constituant (constituent power) is the power to establish the constitutional order of a nation . From the perspective of legal theory, it is the source of production of constitutional normsie, the power to make a constitution and therefore dictate the fundamental norms that organize the powers of the state ( Negri 1 ). Indeed, the classical theory of pouvoir constituant rests on the distinction between a will that predates the constitution and is superior to it (the constituent power) and the positive constitutional forms created by the constituent...