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Les Juges Constituants

Published online by Cambridge University Press:  19 October 2010

JHR  and
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Abstract

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Constituent power of the courts, in dialogue, accommodation or even collaboration, has become undeniable. It raises at least two points for scholarship to contemplate. First, what is the foundation of this power in terms of classical constitutional theory? Second, instead of or apart from the courts and their interactions: what is the relationship, in this constituent activity, between the courts and the political institutions, including the people?

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Copyright © T.M.C. Asser Press and the Authors 2010
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