Constitutional revolutions and the constituent power: A reply to Mark Tushnet

Abstract

In this short reply to the article by Mark Tushnet, "Peasants with Pitchforks, and Toilers with Twitter: Constitutional Revolutions and the Constituent Power," I seek to explain why I do not find Tushnet's account of constituent power and unconstitutional amendments very helpful in our understanding of both the underlying theoretical controversies and actual constitutional transformations.