The concept of constitutive power means the power to create and change the constitution of the country according to the will of its holder. Most often in the literature, the people or the nation appear as the bearer of this power. Due to the nature of mass democracy and the large number of citizens in contemporary democracies, the direct expression of the constituent power by its ascribed holder is not possible. For this reason, there is a need to represent the constituent power. Legislative and executive bodies appear in the literature and in the political practice as its representatives. Due to the increasing number of activist judgments by constitutional courts, which affects the constitutional orders of various countries, the question of the possible representation of the constituent power by the constitutional courts arises. In the first part of this paper, an overview of the historical development of the concept of constitutive power will be presented, with special reference to the element of representation. In the second part, the connection between the constitutional courts and the primary and secondary constituent power will be explained, and the theory of representation of the constituent power by constitutional courts will be presented. In the third part of the paper, the theory of the representation of the constituent power by constitutional courts will be applied to the decisions of three constitutional courts, namely the decisions of the Constitutional Court of the Republic of Croatia, the Constitutional Court of the Federal Republic of Germany and the Constitutional Court of the Republic of South Africa.