From Popular Sovereignty To The Sovereignty Of Law
Download From Popular Sovereignty To The Sovereignty Of Law full books in PDF, epub, and Kindle. Read online free From Popular Sovereignty To The Sovereignty Of Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Martin Ostwald |
Publisher | : Univ of California Press |
Total Pages | : 687 |
Release | : 2023-07-28 |
Genre | : History |
ISBN | : 0520909682 |
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Author | : Peter C. Caldwell |
Publisher | : Duke University Press |
Total Pages | : 324 |
Release | : 1997 |
Genre | : History |
ISBN | : 9780822319887 |
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author | : Richard Bourke |
Publisher | : Cambridge University Press |
Total Pages | : 421 |
Release | : 2016-03-24 |
Genre | : History |
ISBN | : 1107130409 |
The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.
Author | : Daniel Lee |
Publisher | : Oxford University Press |
Total Pages | : 394 |
Release | : 2016-02-18 |
Genre | : Law |
ISBN | : 0191062456 |
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Author | : Edward James Kolla |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2017-10-12 |
Genre | : History |
ISBN | : 1107179548 |
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Author | : Daniel Lessard Levin |
Publisher | : State University of New York Press |
Total Pages | : 300 |
Release | : 1999-03-18 |
Genre | : Political Science |
ISBN | : 1438410603 |
Using the events of the Constitution's Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitution's importance as a political document and its weakness as a symbol in American popular culture.
Author | : Kathleen O. Potter |
Publisher | : LFB Scholarly Publishing |
Total Pages | : 226 |
Release | : 2002 |
Genre | : Political Science |
ISBN | : |
In reconstructing the theory of The Federalist Papers, Potter shows how its authors present the Constitution as a social compact that embraces a stronger version of popular sovereignty than that expressed in the consent theories of Hobbes or Locke. The Federalist: (1) recognizes complexity in the first stage of the compact that requires more from the people than mere consent; (2) introduces a formal constitution and procedure for obtaining popular consent into the second stage; (3) extends the compact beyond the founding moment by including a formal amendment procedure and provisions for "wholly popular" government; and (4) addresses the responsibilities of the people and, therefore, the requirement for virtue.
Author | : Maria Cahill |
Publisher | : Routledge |
Total Pages | : 226 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 1000395634 |
This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
Author | : Bas Leijssenaar |
Publisher | : Cambridge University Press |
Total Pages | : 247 |
Release | : 2019-07-18 |
Genre | : History |
ISBN | : 1108483518 |
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Author | : Daniel Lee |
Publisher | : Oxford University Press |
Total Pages | : 296 |
Release | : 2021-08-31 |
Genre | : Law |
ISBN | : 0191072044 |
Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.