On "Constituent Power and the Law" by Joel Colon-Ríos

Abstract

This is a review of Joel Colon Ríos’ book “Constituent Power and the Law”. The review considers Colon Ríos’ book as the most important contribution so far examining the theory of constituent power, the doctrinal discussions around the subject, and the legal implications of the theory. The review examines some problems that are present in the book, related to (what it calls) the problem of “mediation” (who takes the place of “the people,” in actual practice?); the problem of “interpretation” (who interprets the “will of the people”, in actual practice?) and the problem of “historic abstinence” (which suggest exploring the theoretical discussion on the notion of constituent power in light of the political and social context where those discussions emerged).