Indiana Journal of Global Legal Studies Volume 20 Issue 2 Article 3 Summer 2013 A Sociology of Constituent Power: The Political Code of Transnational Societal Constitutions Christopher Thornhill University of Manchester,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the Constitutional Law Commons, International Law Commons, and the Transnational Law Commons Recommended Citation Thornhill, Christopher (2013) "A Sociology of Constituent Power: The Political Code of Transnational Societal Constitutions," Indiana Journal of Global Legal Studies: Vol. 20 : Iss. 2 , Article 3. Available at: https://www.repository.law.indiana.edu/ijgls/vol20/iss2/3 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. A Sociology of Constituent Power: The Political Code of Transnational Societal Constitutions CHRISTOPHER THORNHILL* ABSTRACT This articleproceeds from a critical sociological revision of classical constitutional theory. In particular, it argues for a sociological reconstructionof the central concepts of constitutional theory: constituent power and rights. These concepts, it is proposed, first evolved as an internal reflexive dimension of the modern political system, which acted originally to stabilize the political system as a relatively autonomous aggregate of actors, adapted to the differentiated interfaces of a modern society. This revision of classical constitutional theory provides a basis for a distinctive account of transnational constitutionalpluralism or societal constitutionalism. The article argues that the construction of transnational normative orders needs to be placed, in a sociological dimension, on a clearer continuum with classical constitutional models.