PER UNA NOZIONE RESPONSIVA DI POTERE COSTITUENTE.
UNA RIFLESSIONE FENOMENOLOGICO-GIURIDICA
Ferdinando G. Menga
Eberhard Karls Universität Tübingen


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Abstract

The aim of this essay is to analyze through the lens of a determined
phenomenological reflection the problematic legal-philosophical issue relating
with the relationship between constituent and constituted power. It will be
argued that only a thorough appraisal of the intervention of plurality within
institution allows an adequate description of such a relationship and only a new
concept of temporality – interpreted as temporality of “creative expression” –
can solve the theoretical problems related with it. The overall phenomenological
approach of this paper will lead to the proposal of an articulation of constituent
power in terms of a responsive dynamic within institutional space.