This article examines the meaning and significance of the concept of constituent power in constitutional thought by showing how it acts as a boundary concept with respect to three types of legal thought: normativism, decisionism and relationalism. The concept can be fully appreciated, it suggests, only by adopting a relationalist method. This relationalist method permits us to deal with the paradoxical aspects of constitutional founding creatively and to grasp how constituent power, as the generative aspect of the political power relationship, (...) works not only at founding moments but also within the dynamics of constitutional development. Relationalism realizes this ambition by exposing the tension between unity and hierarchy in constitutional foundation and the tension between the people-as-one and the people-as-the governed in the course of constitutional development. It contends, contrary to normativist claims, that constituent power remains a central concept of constitutional thought. (shrink)

The main goal of this paper is to offer a reading of Reinhart Koselleck’s work as an ally of critical theory. My contention is that, despite customary accusations of Koselleck being an anti-Enlightenment historian detrimental to social criticism and emancipatory politics, his investigations on the semantic fabric of modern society may actually expand our resources for the critique of domination. In order to make this argument plausible, I reconstruct some antinomies that are at the basis of Koselleck’s work (state/society, language/reality, (...) experience/expectation) and discuss their critical potential. This analysis shows that, rather than a rejection of the spirit of critique, Koselleck contributes to the temporalization of the practice of critique as such: namely, a clarification of the contradictions and potentials of a reflexive practice imbued in the struggle between the need to comprehend the world as it is and the right to experiment with other forms of life. (shrink)