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  1. Legality, Legitimacy, and Democratic Constitution Making: A. Arato, Post Sovereign Constitution Making: Learning and Legitimacy. OUP, 2016; A. Arato, The Adventures of the Constituent Power: Beyond Revolutions? CUP, 2017; J. Colón-Ríos, Weak Constitutionalism: Democratic Legitimacy and the Question of the Constituent Power. Routledge, 2012.Nicolás Figueroa García-Herreros - 2019 - Jus Cogens 1 (1):97-109.
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  • Legitimacy crisis and the constitutional problem in Chile: A legacy of authoritarianism.Claudia Heiss - 2017 - Constellations 24 (3):470-479.
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  • Political Constitutionalism and the Question of Constitution‐Making.Marco Goldoni - 2014 - Ratio Juris 27 (3):387-408.
    The debate on political constitutionalism has entirely neglected the constitution-making dimension. This is probably due to the fact that constitution-making usually brings with it undesirable outcomes such as the entrenchment of rights or structures. These outcomes do not respect reasonable disagreement among citizens because they violate the only fair system for settling disagreement: majority rule and equal voting rights. This article argues that political constitutionalists may regret the absence of any claim about constitution-making. Either they are overlooking certain problems inherent (...)
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