LAWS5233: The People in Constitutional Thought

2026 unit information

This unit explores the foundational role of ‘the people’ in constitutional theory and practice, particularly in moments of political rupture. Centred on the concept of constituent power, it examines how constitutional orders claim legitimacy through appeals to popular sovereignty, and how these claims are constructed, contested, and transformed across history. Beginning with the French and American revolutions, this unit traces how key theorists framed this idea (Sieyes, Carl Schmitt, Hannah Arendt). The unit then explores contemporary constitutional debates that either reject constituent power for its populist risks or seek to constrain its absolute nature. It also discusses institutional expressions of constituent power through mechanisms such as referendums and constituent assemblies. The final part of the unit examines the idea of the people in the critical and postcolonial legal traditions. The unit will situate these theorists within their historical contexts to examine their relevance in contemporary social movements and political struggles in the Global South and extend to questions of indigenous sovereignty in Australia. By the end of the unit of study, students will gain knowledge on theories of law and democracy, and critical tools to assess the potential and limits of law in advancing democratic goals.

Unit details and rules

Managing faculty or University school:

Sydney Law School

Details

Study level	Postgraduate
Academic unit	Law
Credit points	6

Enrolment rules

Prerequisites: ?	None
Corequisites: ?	None
Prohibitions: ?	LAWS3533
Assumed knowledge: ?	None

Learning outcomes

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Unit availability

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Session	MoA ?	Location	Outline ?
Semester 1 2026	Normal day	Camperdown/Darlington, Sydney	Outline unavailable

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