Two concepts of constitutional legitimacy

What makes constitutions legitimate in the eyes of citizens? The standard answer is consent or the will of the people or when it reflects the distinctive identity of the people it governs. The key to constitutional legitimacy is therefore representation.
But there is a gap between this and constitutional practice; many stable constitutions simply do not satisfy this requirement. This paper identifies the existence of a new paradigm of non-representational constitutions, which are legitimated because they are believed to be grounded in reason. Thus the legitimacy of a constitution need not rest on the fact that it represents the people whom it governs; it may simply rest on the belief that it is a good or a just constitution. We further suggest that in some cases of reason-based constitutions, instead of drafting a constitution that represents the people, the constitution is designed to transform the people such that in the future they will be represented in the constitution.