Moderation and liberalism are different and in some cases antagonistic concepts. In recent years, the view that Sieyès’s idea of constituent power is a moderate and liberal rendering of sovereignty has gained acceptance in intellectual history and constitutional theory literature. This claim is based on the premise that radical and illiberal readers of Rousseau’s idea of sovereignty, such as Robespierre and the Jacobins, were opposed to representing the general will (volonté générale). Thus, constituent power as the exercise of power by (...) extraordinary representatives to draft a constitution would be a liberal attempt at political moderation in the French revolution. In contrast to this liberal reading, my analysis shows that Sieyès’s idea of constituent power is an illiberal attempt at political moderation. Against moderate liberal theories, constituent power demands that the extraordinary representatives of the constituent assembly must will, deliberate, and act as if they were the people themselves. These representatives have absolute powers and the mandate to create a constitution but also the imperative to perceive and mirror the sovereign will. From a political theory approach, I conclude that constituent power is not a liberal idea but a key notion of moderate illiberalism that prevailed during the French Revolution. (shrink)

Constituent power is a key concept in democratic theory and constitutional law. The French term pouvoir constituant was coined by Sieyès in the context of the French Revolution in his famous pamphl...

Carl Schmitt is the most important anti-liberal political theorist of the European interwar period (1918-1939). His theories on the state of exception, dictatorship, and his criticism of parliamentary democracy are very well known. However, what remains unknown to this day is how his ideas had a remarkable influence on the ideologues of the Francoist state between 1939 and 1942. During these years, a debate developed among Francoist jurists about whether Francisco Franco was a “sovereign dictator,” that is, a dictator legitimized (...) by popular consent, or rather a new kind of “monarch” that emerged in the context of the Spanish Civil War (1936-1939). This paper aims to explain how two ideological factions formed in Francoist Spain. The “Decisionist Francoism” of Juan Beneyto Pérez, Francisco Elías de Tejada, and Luis Legaz Lacambra held that Franco emerged as a reaction to the process of “legalization” triggered by liberalism in Spain. The “Weberian Francoism” of Francisco Javier Conde held that Franco was a charismatic and traditional leader whose position emerged in response to the Civil War. I explain how three concepts of Schmitt's anti-iberalism inspired Francoist theorists: political theology, dictatorship, and the rejection of parliamentary democracy. (shrink)