Notes on an ‘‘Open’’ Constituent Power

Abstract

This article examines critical responses to the question of constituent power. Rather than a closed, meaning-giving moment, which originates the constitutional structure, the article looks at the various ways in which constituent power can be viewed as ‘‘open’’ and anti-underdetermined. It looks at two issues in particular: the ‘‘subject’’ of constituent power, and the nature of the ‘‘power’’ involved. The article concludes with the suggestion that we think of these works as a series of ‘‘strategic hypotheses’’ which might structure action, rather than a collection of ‘‘models’’ that would have to be applied faithfully to the world.