Resumen de Constitutionalizing conflict: Beyond constituent power—Afterword to the Foreword by Sergio Verdugo
This Afterword affirms Verdugo’s thesis that the concept of “constituent power” is not helpful to evaluating the legality or legitimacy of constitutional replacement moves, drawing on experience of how constitutional revisions are fashioned to attempt to end violent intrastate conflict. I sketch an alternative approach to that of constituent power reasoning for evaluating the legality and legitimacy of constitutional revisions. This approach involves determining whether the constitutional move seeks to replace the underlying political settlement or not, and if so how, including whether it does so in a way that makes the settlement more democratic and pluralist or less so—recognizing that commitments to democracy and pluralism also require to be reconciled.
