Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
"The People" And "The People": Disaggregating Citizen Lawmaking From Popular Constitutionalism, Raphael Rajendra
"The People" And "The People": Disaggregating Citizen Lawmaking From Popular Constitutionalism, Raphael Rajendra
Raphael Rajendra
In this essay, I argue that popular constitutionalism can be understood – and the borders it shares with the wider corpus of studies on constitutional change can be demarcated – by thinking of constitutions that either "live among people" or are "entombed in glass cases." This analysis distinguishes between popular constitutionalism and a ballot initiative-oriented notion of constitutional change that I call "initiative constitutionalism." Popular constitutionalism and initiative constitutionalism advance substantially different models for tempering democracy and other fundamental values. To conflate these models – and to call the MCRI a product of popular constitutionalism when it is not – …