Two Cheers for Lost Sovereignty Referendums: Campaigns for Independence and the <i>Pouvoir Constituant Mixte</i>
Journal: German Law Journal
Year: 2022

Abstract In this article, I bring together three recent ideas from political theory and constitutional law. The first is the notion developed by Jürgen Habermas and Markus Patberg of a pouvoir constituant mixte. Complex polities such as supra-state federations should be understood as constitutional entities that combine two or more authorizing subjects. The default “mixed” conception is that of dual sovereignty, split between the federations’ member collectives and member individuals. The second