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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Pouvoir Constituant

Tamara El Khoury

Subject(s):
Supremacy — Legitimacy
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...
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