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Kuo on Constitutional Nomos & Political Ordering

By Lawrence Solum

Ming-Sung Kuo (Yale University - Law School) has posted Reconciling Constitutionalism with Power: Towards a Constitutional Nomos of Political Ordering (Ratio Juris, Forthcoming) on SSRN. Here is the abstract:

Drawing upon Hannah Arendt?s and Carl Schmitt?s theories on the relationship between nomos and boundary, this paper revisits how constitutionalism and political power are reconciled as a constitutional ordering. It first analyzes constitutionalism in the light of political modernity. Indicating that political power grounded by a constitution is omnipotent, complementing and completing constitutionalism, this paper contends that an omnipotent constitutional ordering is anything but an unleashed Leviathan. It is argued that constitutional omnipotence is framed and thus constrained by a constitutional nomos, the matrix of which is a dual delimitation of boundaries, generational and jurisdictional.

Another fine paper from Kuo--recommended!

Full post as published by Legal Theory Blog on January 11, 2010 (boomark / email).