Alec Stone Sweet’s “Juridical Coup d’État” Revisited: Coups d’État, Revolutions, Grenzorgane, and Constituent Power

Theodor JR Schilling, Humboldt-Universitat zu Berlin - Humboldt University Berlin

Abstract

With his paper, The Juridical Coup d’État and the Problem of Authority, Stone Sweet initiated an ongoing debate. The paper was the object of immediate comments by three eminent legal scholars and of a response to them by Stone Sweet. Most recently, Corrias has developed on its basis a theory of constituent power now. The present article will mostly deal with those aspects of Stone Sweet’s paper on which Corrias has relied.