In “Constituent power, cosmopolitan constitutionalism, and post-positivist law,” I have argued that the foundation of constitutionalism is the idea of free and equal persons governing themselves through law as part of an international community of equally sovereign states. Within such a conception, “We the People” and “the international community” are co-constitutive for state constitutions and international law as central components of an integrative conception of global public law. Constituent power in such a constitutionalist world is not foundational, but normatively constituted and circumscribed. And it exists both on the national and the international level, largely irrespective of sociological facts relating to identity and structure of the international.

After providing a concise and generally accurate analysis of my argument, Neil Walker, who has over many years been as sharp...

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