1. Introduction I. The Ordinariness of Constitutive Constitutional Referendums II. Liberal, Higher-Order, and Instrumental Arguments for Referendums III. Methodology: Taxonomies and Types of Referendums IV. Referendums in Contemporary Law and Politics V. Referendums as Representative Democracy VI. Conclusion Part I: Against Constitutive Constitutional Referendums as Higher-Order Law-Making 2.

Referendums, Votes, and Decisions I. Introduction II. Referendums as Higher-Order Law-Making III. The People Coming Together to Make Decisions Instead of Representatives IV. The People Coming Together to Make Decisions Instead of Representatives V. The People Coming Together to Make Decisions Instead of Representatives VI. The People Coming Together to Make Decisions Instead of Representatives VII. Referendums as Representative VIII.

Conclusion 3. The Case Against Dualism I. Introduction II. Defining Dualism III. Constitutive Constitutional Questions IV. Challenge One: Content V. Challenge Two: Consent and Legitimate Authority VI. Challenge Three: Any Singular Conception of Legitimate Authority VII.

A Piecemeal Case for Referendums VIII. Against Constitutional Moments IX. Conclusion Part II: Constitutive Constitutional Referendums as Representative Democracy 4. Referendums as Representative Democracy I. Introduction II. Referendums as Referring Back III. What are Referendums For? IV. The Meaning of Mediation V.

Referendums as Representative Democracy VI. Procedural and Instrumental Arguments for Referendums VII. A Piecemeal Case for Referendums VIII. Conclusion 5. Some Uses of Referendums I. Introduction II. The Success Conditions of Referendums III. The Case Against Referendums IV.

Referendums and Political Questions V. Some Uses of Referendums VI. Referendums as a 'Remedy' VII. Conclusion 6. Conclusion I. The Book's Two Arguments II. The Future of Referendums III. Closing Thoughts.