Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legislatures as Constituent Assemblies

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Constitutions regulate legislatures, and legislatures sometimes create constitutions. This chapter tries to make out a normative argument for the view that constitutions ought to be written by assemblies called into being exclusively for that purpose and devoting themselves exclusively to that task. It refers to these as constitutional conventions or, more briefly, as conventions. A striking fact, however, is that only a small fraction of constitutions have actually been written in this way. The large majority of them have been written by constituent legislatures, that is, by bodies that have combined constituent and legislative functions. At the end, the chapter addresses, very briefly, the question why the normatively desirable mode of constitution-making has not been more widely adopted. The main concern of the chapter, however, is to make the case for the superiority of conventions over other assemblies.

Keywords:constituent assemblies; legislatures



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Constitutionalism: New Challenges — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation