TY - JOUR
T1 - Federal exceptionalism and constituent power
T2 - Afterword to the Foreword by Sergio Verdugo
AU - Aroney, Nicholas
AU - Delaney, Erin F.
AU - Tierney, Stephen
N1 - Publisher Copyright:
© The Author(s) 2023. Oxford University Press and New York University School of Law. All rights reserved.
PY - 2023/10/1
Y1 - 2023/10/1
N2 - Sergio Verdugo makes a powerful and cogent attack on constituent power. Nevertheless, we ask whether he has rushed to judgment in concluding the theory has outlived its usefulness, as he fails to take into consideration the complexities federation might introduce. In this Afterword, we present an argument for why the federal form might encourage or require a reconceptualization or reevaluation of constituent power, and we advocate a fuller exploration of “federal exceptionalism” before scholars pass judgment on the concept.
AB - Sergio Verdugo makes a powerful and cogent attack on constituent power. Nevertheless, we ask whether he has rushed to judgment in concluding the theory has outlived its usefulness, as he fails to take into consideration the complexities federation might introduce. In this Afterword, we present an argument for why the federal form might encourage or require a reconceptualization or reevaluation of constituent power, and we advocate a fuller exploration of “federal exceptionalism” before scholars pass judgment on the concept.
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U2 - 10.1093/icon/moad076
DO - 10.1093/icon/moad076
M3 - Article
AN - SCOPUS:85186070285
SN - 1474-2640
VL - 21
SP - 1182
EP - 1188
JO - International Journal of Constitutional Law
JF - International Journal of Constitutional Law
IS - 4
ER -