The basic idea of this contribution lies in building a concept of constitution given the relevance of violence in the foundations of the legal order. The author distinguishes different stages of high-scale conflicts in the configuration of a state’s constitutional system such as the violence perpetrated during state-building, the coercion displayed during the formal constitution-making process, and the use of force in imposing the constitutional principles under emergency circumstances. The link between violence and constitutional formation leads to a material concept of constitution grounded in the decision about the allocation of power. The contribution closes with a normative proposition on the exercise of constituent power which states that the legitimacy of a constitutional creation hinges on the lack of victims (the “no victims rule”) in all the stages concerning the establishment of a new constitutional structure.
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. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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