POPULAR SOVEREIGNTY AND CONSTITUTIONAL DEMOCRACY

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3 Scopus citations

Abstract

In recent times, the idea of popular sovereignty has figured prominently in the rhetoric of neo-populist thinkers and activists who argue that legal and political authority must be concentrated in one single body or individual elected by the people to act in its name. The thesis of this article is that, while the notion of popular sovereignty may seem to offer some support to the neo-populist image of democracy, it serves more persuasively to support the idea of a polycentric, constitutional democracy. The constitutional state can be polycentric and yet feature a sovereign. And if this constitutional state is democratic in the sense of distributing power relatively equally amongst individual citizens, thus empowering the people-several, then it will establish the people-corporate in the role of sovereign.

Original languageEnglish (US)
Pages (from-to)251-286
Number of pages36
JournalUniversity of Toronto Law Journal
Volume72
Issue number3
DOIs
StatePublished - Jul 2022
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Sociology and Political Science
  • Law

Keywords

  • constitutional democracy
  • Jean Bodin
  • neo-populism
  • polycentrism
  • popular sovereignty

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