Publication
Title
At the origins of constitutional review : Sieyes' constitutional jury and the taming of constituent power
Author
Abstract
Even though he is mainly known for his concept of constituent power, Sieyes was one of the first constitutional theorists to ask for a guardian of the constitution which closely resembles contemporary constitutional courts. This article reconstructs the main tenets of his proposal, puts them in the larger context of his constitutional theory and then assesses the constitutional nature and functions of this institution. The judgment is mixed: as an organ, Sieyes' constitutional jury is a hybrid institution, neither a real third chamber nor a full-fledged constitutional court; however, its functions not only are a clear anticipation of the control of constitutionality, but are also intended to tame constituent power and to protect the rights of man in case of legal gaps.
Language
English
Source (journal)
Oxford journal of legal studies. - Oxford
Publication
Oxford : 2012
ISSN
0143-6503
Volume/pages
32:2(2012), p. 211-234
ISI
000304833600001
Full text (Publisher's DOI)
Full text (publisher's version - intranet only)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
Affiliation
Publications with a UAntwerp address
External links
Web of Science
Record
Identification
Creation 03.07.2012
Last edited 15.11.2017
To cite this reference