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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Pouvoir Constituant

Tamara El Khoury

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 04 August 2020

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 subject...
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