Feminist utopias, presented in speculative fiction, are rarely read or considered as political or legal treatises. Science fiction provides feminists with a testing ground just as More’s fictional island in the South Atlantic or Morris’ future society have done before them. This paper advocates reading feminist utopian visions as depicted in science fiction as a starting point for global constitutionalist debates on constituent power. Placing feminist utopias at the centre of our analysis, we consider how constituent power is reimagined and what these reimaginings offer those seeking a feminist global constitutionalisation.
This paper will critically analyse the role that constituent power– or claims to the constituent power– plays in secessionist movements. This paper contends that when constituent power is conceptualised as 'the people', we lose any analytical tools to grapple with the problem of secession. However, if we think about alternative conceptions of constituent power we can avoid this analytical vacuum and think more critically about the legitimacy of secessionist movements.
2018 has continued a trend of movements emerging from the grassroots, representing people claiming to be marginalized, in order to topple what they describe as an untenable status quo. Events such as Brexit and the Trump administration, have brought to light egregious dysfunction of our democratic institutions and judicial systems. They drove wedges between the press, judges and in general anything associated with human rights and the electorate. As a result, those of us inclined to propel those values are trapped between respect for democratic representation and the need to defened entrenched institutions. In the battle to win against populism, an argument in favor of human rights as providing an efficient remedy will be presented; the chance is taken on the large portion of the population that is not as actively involved in politics as populists being informed of the necessity of human rights as a barrier.