1/7 A new symposium on my OA book 'The Making of Constitutional Democracy: From Creation to Application of Law' (Hart '22) is now published online first on Revus. I'm grateful to the editors for hosting it and to the contributors for their fantastic comments. A brief thread:
6/7 I attempt to engage with the many criticisms and comments in my reply, 'Making and re-making the theory of constitutional democracy: further observations' (journals.openedition.org/revus/10375), where I develop further several of the theses in TMCD.
1 Introduction I am incredibly grateful to the editors of Revus for hosting this symposium on my recently published (and now fully Open Access) book The Making of Constitutional Democracy: From Cre...
5/7 Finally, in 'What do we mean by constitutional supremacy?' (journals.openedition.org/revus/10021) Graziella Romeo takes the cue from constitutionalism as 'legal otherness' to highlight the role of traditions and contingency in constitutional thinking.
1 Introduction Paolo Sandro’s central claim in The Making of Constitutional Democracy (Hart Publishing, 2022) is that constitutional democracy hinges on the distinction between law creation and law...
4/7 In 'Normative power and The Making of Constitutional Democracy' (journals.openedition.org/revus/9898), Maris Köpcke questions the internal consistency of the account of normative powers in the book and its compatibility with the theory of constitutional democracy.
1 Introduction Paolo Sandro’s book The Making of Constitutional Democracy: From Creation to Application of Law (Hart Publishing, 2022) embarks on a twofold task: to “defen[d]” the distinction betwe...
3/7 In 'Legal constitutionalism and the Ius/Lex distinction' (journals.openedition.org/revus/10130), Mathieu Carpentier engages with the distinction between lex and ius I develop in TMCD and wonders if it runs against the account of constitutionalism I develop therein.
Paolo’s book is masterful in many respects, and there is much in it with which I agree. For instance, chapter 4 on discretion is, in my opinion, a tour de force. Obviously, this paper would not be ...
2/7 In 'The State and legal otherness' (journals.openedition.org/revus/10044), Donald Bello Hutt wonders if my criticism of Hobbes is misguided and discusses the relationship between the idea of the state and that of the rule of law. Is it an essential relationship?
1 Introduction In his intriguing book, Paolo Sandro underscores the importance of distinguishing between the creation and application of the law. The rationale for this effort deserves praise. Like...