Înţelegerea conceptului de putere constituantă ca urmare a teoriei contractului social şi a teoriilor privind legitimitatea puterii
Understanding the Concept of Constitutive Power Due to the Social Contract Theory and the Power Legitimacy Theories

Summary/Abstract: For a clearer understanding of the concept of constituent power, in this study we will try to outline some theoretical references related to its evolution. Constituent power is a modern concept that has its origins in medieval thinking and designates as the source of political authority the people. The concept of constituent power derives from the 18th century Enlightenment revolutionary movements and consists in the recognition that the source of political authority derives from the will of the people and the acceptance that the fundamental law is a creation of it; in this way, the constitution becomes a legal instrument, it is an expression of the constituent power of the people to establish through various institutional arrangements the way in which it is to be governed. The whole conceptualization of constituent power and constituted powers as defined by Sieyès is based on the doctrine of natural law and the theories of social contract, which created the germs of this essential concept in constitutional law. Yet the understanding of constituent power is far deeper than this as we will see in this study.

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