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The aim is to investigate the paradox of constituent power being both constrained by law and genuinely democratic.

The Absent Sovereign and the Invisible Foundation: Political Liberalism’s Aporias in Theorizing Constituent Power

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The aim is to investigate the paradox of constituent power being both constrained by law and genuinely democratic.
Critical engagement with Alessandro Ferrara’s work
Analysis of recent scholarship on intergenerational constitutionalism
Theoretical discussion of political liberalism’s structures
Identified two structural aporias in political liberalism
Demonstrated that normative standards act as quasi-transcendental constraints
Argued that sovereignty resides in an absent entity accessible only through interpretation

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This article explores how legal constraints on constituent power affect democracy, suggesting underlying contradictions.

Mykhailo Minakov (2026) studied this question.

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