THE ORIGIN OF THE CONSTITUENT POWER THEORY: READING SIEYÈS’ WORKS AND ITS INTERPRETATIONS BY THE CONTINENTAL PUBLIC LAW
DOI:
https://doi.org/10.12957/rfd.2014.8032Keywords:
Constituent power. Sieyès. Constitutional theory.Abstract
This study reconstructs the thought of Emmanuel-Joseph Sieyès on the constituentassembly, within the context of the bourgeois revolution in France during the 18th century.The central objective is to identify the historical origin of the theory behind the constituentassembly, establishing the original concepts in order to enable critical analysis of the rereadingsthat were produced by the continental publicist doctrine in the 19th and 20thcenturies. Sieyès is recognized as an important thinker in the area of political philosophy,who made a critical contribution to the modern definition of constitution, as well as to itsdemocratic path of construction based on constitutional processes. This work is part of abroad project of research and re-discussion of the classic theory of the constituentassembly, in order to evaluate whether the traditional theory can explain the contemporaryconstitutional realities and the social and political demands experienced at the time ofchange in the constitutional order.Published
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