ABSTRACT

A core theme addressed by this book is the extent of popular input during constitution-making processes. This chapter adds another component to this theme, territoriality. Chapters 1 and 2 have shown how popular participation can take a variety of forms, some direct others more indirect, and can be sequenced across three broad dimensions: i) the launching of a given constitutional exercise and in terms of choosing the representatives tasked with producing a constitutional document ii) the soliciting of opinions and participation of the public during the constitution drafting stages and iii) the degree to which the final constitutional document requires popular ratification. This gives rise to the variety of ways in which popular input can be sequenced in constitution-making exercises. This chapter’s focus is on a subset of cases – with special reference to the EU – in which the popular participation dilemma is complicated by a territorial component. In what way do territorial concerns structure the constitution-making process?