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Sovereignty as Discourse
Constitutional Commentary (2008)
  • Robert L Tsai, American University

This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.

  • Locke,
  • Constitutional Theory,
  • Bodin,
  • Hobbes,
  • Democracy,
  • Pluralism,
  • Judicial Review,
  • Language
Publication Date
Citation Information
Robert L. Tsai. "Sovereignty as Discourse," 25 Constitutional Commentary (2008): 157-69.