Constitutional Order


Constitutional Order of a state and its strategic posture toward other states together form the inner and outer membrane of a state.

That membrane is secured by violence; without that security, a state ceases to exist. What is distinctive about the State is the requirement that the violence it deploys on its behalf must be legitimate; that is, it must be accepted within as a matter of law, and accepted without as an appropriate act of state sovereignty. Legitimacy must cloak the violence of the State, or the State ceases to be. Legitimacy, however, is a matter of history and thus is subject to change as new events emerge from the future and new understandings reinterpret the past. (Philip Bobbit)

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