MétaCan
Menu
Back to cohort
Record W3169001440

The Boundaries of Constituent Authority

2021· article· en· W3169001440 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

fundA Canadian funder is recorded on the work.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueOpenCommons - UConn (University of Connecticut) · 2021
Typearticle
Languageen
FieldSocial Sciences
TopicPolitical Theory and Influence
Canadian institutionsnot available
FundersYork University
KeywordsConstitutionConstitutionalismArgument (complex analysis)LawPower (physics)SovereigntyDeclaration of independenceLaw and economicsDeclarationSketchPolitical scienceSociologyComputer scienceDemocracyPolitics
DOInot available

Abstract

fetched live from OpenAlex

This Article delves into the question of the boundaries of constitution-making power. Traditionally, constituent power is regarded as an original, inherent and unlimited power. That is why constitution-making moments are described in the literature as a kind of ‘wild-west.’ Constituent power is unbound by prior constitutional rules. But does this mean that it is unlimited in the sense that it can disregard any basic principles, or should we endorse Benjamin Constant’s declaration that “sovereignty of the people is not unlimited”?\nThis Article provides a preliminary sketch of possible limits of constituent power. First, according to some approaches to constitution-making powers, there must be certain limitations even on constituent power derived from natural law. In fact, Sieyès himself remarked that ‘prior to and above the nation, there is only natural law,’ which implies that Sieyès viewed constituent power as limited by certain principles.\nMoreover, nowadays, international and supra-national law may impose various limitations on the constitution-making power. Furthermore, if the goal of constitution-making is not to produce a written constitution, but to promote constitutionalism, then a plausible argument is that constitutionalism and constitutions are inseparably linked so that an exercise of constituent power cannot undermine constitutionalism but must be linked to certain common principles of law.\nFinally, the very concept of constituent power may carry certain inherent limitations, since in order to be consistent with the idea of ‘the people giving itself a constitution,’ it must observe certain fundamental rights that are necessary for constituent power to preserve itself and reappear in the future.\nThis Article evaluates the various routes of restrictions on constituent power.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.836
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0020.005
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.022
GPT teacher head0.278
Teacher spread0.256 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it