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    Civil Disobedience and Constituent Power 
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    Civil Disobedience and Constituent Power

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    Accepted Version (53.41Kb)
    Volume
    2015
    Pagination
    462 - 480
    Publisher
    Cambridge University Press
    Publisher URL
    http://www.cambridge.org/
    DOI
    10.1017/S1744552315000300
    Journal
    International Journal of Law in Context
    Issue
    Special Issue
    ISSN
    1744-5531
    Metadata
    Show full item record
    Abstract
    This article uses the example of civil disobedience to explore Luhmann’s description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system’s inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power as legality, has an ever decreasing capacity to include communications that acknowledge a right to disobey law. Civil disobedience is only able to operate within the political system in the form of protest, and is accommodated through the exercise of discretionary powers. However, juridification of those powers has the capacity to threaten this accommodation.
    Authors
    NOBLES, RL; Schiff, DN
    URI
    http://qmro.qmul.ac.uk/xmlui/handle/123456789/10718
    Collections
    • Department of Law [644]
    Language
    English
    Licence information
    DOI: http://dx.doi.org/10.1017/S1744552315000300 (About DOI), Published online: November 2015
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