Symbolic image of the European Union undergoing transformative change, representing the concept of destituent power.

Can 'Destituent Power' Dismantle Democracy? Rethinking Protest Movements in the EU

Soraya Malik in Politics & Policy June 2025 • 4 min read.

"Exploring the limits of negativistic politics and whether disruptive strategies can truly reconstruct constitutional foundations."

In times of political and economic upheaval, radical ideas often take center stage. Since the euro crisis, the European Union has faced unprecedented challenges, leading to the rise of protest movements advocating for resistance and even partial disintegration. These groups argue that the EU has become a neoliberal force, stifling democracy and preventing progressive reforms. But can tearing down existing structures truly pave the way for something better?

This article explores the concept of 'destituent power'—the power to dismantle existing political orders—and examines whether such disruptive strategies can be defended as a democratic practice within the context of EU constitutional politics. We'll delve into the arguments surrounding this concept, considering its potential and its limitations.

We will navigate the emerging debate on destituent power, dissecting its various interpretations and assessing their feasibility. By understanding the nuances of this concept, we can better evaluate the claims of protest movements and determine whether their actions truly contribute to a more democratic and just European Union.

What is Destituent Power and How Does It Challenge Constitutional Politics?

Symbolic image of the European Union undergoing transformative change, representing the concept of destituent power.

The concept of destituent power suggests that opposition to, or withdrawal from, public authority can serve as a catalyst for constitutional change. It represents a form of political action that seeks to bypass the established regulatory framework, potentially rendering political institutions inoperative and dismantling existing constitutional orders.

However, destituent power is often framed within democratic theory, raising critical questions about when and how acts of contestation can be justified. It's a concept that captures both the desire to dismantle existing structures and the ambition to create something better, more democratic and inclusive.

Anti-Juridical Conception: This view rejects sovereignty and law outright, advocating for withdrawal from conventional constitutional order.
Juridical Conception: This approach acknowledges legitimacy problems within specific contexts, aiming for constitutional reordering. This is further divided into:
- State Civil Disobedience: Destituent power is a limited form of non-legal opposition justified by the need to remedy legitimacy deficits.
- Popular Sovereignty: Destituent power is an expression of the people's will, a dimension of constituent power.

To clarify, we need to consider whether movements for EU reform that focus on disrupting legal and traditional routes are compatible with anti-juridical views that promote self-governance separate to those systems. The goal of this analysis is to consider a democratic model for EU constitutional politics, reliant on strategies for political resistance and disintegration.

The Road Ahead: Balancing Disruption and Construction

Destituent power offers a valuable framework for understanding political strategies that challenge the status quo. It highlights the potential for contestation to drive meaningful change and address democratic deficits. However, it's crucial to recognize that destituent power is not a standalone solution. To achieve lasting and legitimate change, it must be coupled with a constructive vision for the future—one that empowers citizens and strengthens the foundations of democracy.

About this Article -

This article was crafted using a human-AI hybrid and collaborative approach. AI assisted our team with initial drafting, research insights, identifying key questions, and image generation. Our human editors guided topic selection, defined the angle, structured the content, ensured factual accuracy and relevance, refined the tone, and conducted thorough editing to deliver helpful, high-quality information.See our About page for more information.

This article is based on research published under:

DOI-LINK: 10.1177/1755088218806916, Alternate LINK

Title: Destituent Power In The European Union: On The Limits Of A Negativistic Logic Of Constitutional Politics

Subject: Social Sciences (miscellaneous)

Journal: Journal of International Political Theory

Publisher: SAGE Publications

Authors: Markus Patberg

Published: 2018-11-01

Everything You Need To Know

What is 'destituent power' and how does it relate to established political orders?

Destituent power is the capacity to dismantle existing political structures. It is a form of political action aimed at bypassing established regulatory frameworks, potentially rendering political institutions inoperative and dismantling existing constitutional orders. This concept is often discussed in relation to democratic theory, questioning when and how acts of contestation can be justified.

What are the different conceptions of 'destituent power,' such as the anti-juridical and juridical perspectives?

The anti-juridical conception of destituent power rejects sovereignty and law outright, advocating for withdrawal from conventional constitutional order. On the other hand, the juridical conception acknowledges legitimacy problems within specific contexts, aiming for constitutional reordering. The juridical conception is further divided into 'state civil disobedience', where destituent power is a limited form of non-legal opposition to remedy legitimacy deficits, and 'popular sovereignty', where destituent power is an expression of the people's will, a dimension of constituent power.

How do movements for EU reform relate to the anti-juridical views of 'destituent power'?

Movements for EU reform that focus on disrupting legal and traditional routes may or may not align with anti-juridical views. If the movements aim to create self-governance separate from existing EU systems, they resonate with the anti-juridical conception of destituent power. However, if they seek to reorder the EU's constitutional framework from within, they align more closely with the juridical conception. The key lies in whether the movement seeks complete withdrawal or internal reform.

In what ways can 'destituent power' pose a challenge to constitutional politics?

Destituent power can challenge constitutional politics by questioning the legitimacy and effectiveness of existing political institutions and legal frameworks. It offers a framework for understanding political strategies that challenge the status quo and address democratic deficits. However, solely relying on destituent power without a constructive vision may lead to instability and a lack of direction. The challenge is to balance disruptive strategies with a clear plan for building a more democratic and just political order.

Is 'destituent power' enough to create a better political system, or is something else needed?

While destituent power can be a catalyst for change by highlighting democratic deficits and mobilizing opposition, it is not a standalone solution for building a better political system. Lasting and legitimate change requires a constructive vision that empowers citizens, strengthens democratic foundations, and offers a viable alternative to the dismantled structures. Without a clear vision, destituent power risks leading to further instability and the failure to achieve meaningful progress toward a more just and democratic society. It needs to be coupled with constituent power.