Political Legitimacy, Models of Constitution Making and Separation of Powers: Toward A Basic Principle

Drawing inspiration from recent political events in Chile, this presentation aims to sketch some typologies of political legitimacy grounded in their reception by constitution-making models. Can political legitimacy theory help us with choices in constitution-making procedures? The question is whether and how the mechanisms to create new constitutions can be ranked by the criteria of different political legitimacy theories. Such analysis will allow for an account of the deeper significance of political legitimacy theories for evaluating different paths of constitution-making. On the basis of a typology of political legitimacy and with emphasis on the importance of inclusive instruments a basic descriptive principle for linking the demands of 21st century legitimacy with procedure is put forward, which states that legitimation hinges on a certain level of respect of separation of powers during constitution-making.