The Scope and Limits of the Juridical People

Abstract

In this review essay I discuss some of the aspects that I think are opportunities to further develop the theoretical contribution that Joel Colón-Ríos makes in his latest book Constituent power and the Law (Oxford University Press 2020). Accordingly, this review essay is divided in two sections. In the first section I argue that the perils of conflating the sovereignty and constituent power are not limited to constitution-making instances but that they are also present in constitutional amendment episodes. In the second section I discuss two aspects related to the scope and limits of Colón-Ríos’ theory: could constituent power be exercised through means other than constitution-making instances? How much trust should we trust referendums as effective means to determine the will of the people?