Is it lawful to speak of constituent power within the classical tradition? : discussion and apostilles

Resumo

This article approaches the idea of constituent power typical of liberal constitutionalism, as received by the political and legal system today. On the other hand, as an answer to the question itself, the author holds that the constituent power is one of the essential functions of political power. Besides, some counterrevolutionary assumptions concerning the constitution are put into debate and Th. Meyer’s and L. Billot’s great contributions to this subject are expounded.