External actors in constitution making: does constituent power still have its place in constitutional theory

The concepts of “the people”, its constituent power and its sovereignty are fundamentals of the modern constitutional theory. The legitimacy of one constitution is based on the people’s right in the elaboration and adoption of the supreme norm. Two historical events- the American and French revolutions- have contributed to the rise of this “bible” of constitutional theory. Nevertheless History has knew multiple constitutional processes that do not abide by this universal dogma, and involve foreign actors- The purpose of our paper is to relate the discussions on the relevance of the classical concept of constituent power of the people, regarding its theoretical weaknesses (e.g. the impossibility in defining and delimiting a people..) or its applicability in the contemporary context (e.g. the internationalization of constitutional Law), thus justifying these cases of foreign interventions; and the reasons why this classic concept should be either abandoned or remodeled.