My object is to analyse the concept of a legal power to change a constitution (and more broadly, to change constitutional law). I will look at how the notions of constitution-making (constitution-changing) powers used in constitutional change literature map onto debates specifically on legal powers (in public law and in private law). For instance, I will look at the relationship between primary constituent power and legal powers. I will also discuss what are the conditions for a legal power to change a constitution to exist, and in particular, what sort of agent can hold it (could it be the people?) and how broad the concept of a legal power is. Within the last theme, I will ask whether we should distinguish some other category of legal capacity for constitutional change (specifically legal influence over it), without having a legal power.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo