The Sovereign Is He Who Holds Constituent Power?

Abstract

This essay reviews Joel Colon-Rios "constituent power and the law". It focuses on four main issues: The distinction between constituent power and sovereignty; the populist exercise of constituent power; the limited secondary constituent power; and the question whether the primary constituent power is indeed unlimited. Through the discussion, the comment will highlight the strengths of the book and its contributions to the literature and jurisprudential practice concerning the nature and possible limits of the constituent power.