Sovereignty In Postsovereign Society A European Perspective
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| Author | : Jiří Přibáň |
| Publisher | : Routledge |
| Total Pages | : 284 |
| Release | : 2016-03-09 |
| Genre | : Law |
| ISBN | : 1317052080 |
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
| Author | : Andrew Arato |
| Publisher | : Oxford University Press |
| Total Pages | : 321 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198755988 |
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
| Author | : Hiski Haukkala |
| Publisher | : Routledge |
| Total Pages | : 270 |
| Release | : 2010-02-25 |
| Genre | : Law |
| ISBN | : 1135150133 |
This book explores why, despite the initial promise and enthusiasm at the beginning of the 1990s, the European Union (EU) and the Russian Federation have encountered severe difficulties in developing their institutionalised relationship.
| Author | : Hent Kalmo |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2014-03-06 |
| Genre | : Political Science |
| ISBN | : 9781107679399 |
The political make-up of the contemporary world changes with such rapidity that few attempts have been made to consider with adequate care, the nature and value of the concept of sovereignty. What exactly is meant when one speaks about the acquisition, preservation, infringement or loss of sovereignty? This book revisits the assumptions underlying the applications of this fundamental category, as well as studying the political discourses in which it has been embedded. Bringing together historians, constitutional lawyers, political philosophers and experts in international relations, Sovereignty in Fragments seeks to dispel the illusion that there is a unitary concept of sovereignty of which one could offer a clear definition. This book will appeal to scholars and advanced students of international relations, international law and the history of political thought.
| Author | : Don Herzog |
| Publisher | : Yale University Press |
| Total Pages | : 316 |
| Release | : 2020-04-14 |
| Genre | : Political Science |
| ISBN | : 0300252870 |
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
| Author | : Iulia Motoc |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Constitutional law |
| ISBN | : 9789462367586 |
La 4e de couverture indique : "András Sajó is one of the most distinguished scholars in the field of comparative constitutional law. The present volume is a collection of studies written in his honour by distinguished scholars from many countries. Constitutional democracies evolve and this evolution is speeding up. As a result, constitutional law is undergoing a rapid and substantial evolution. One of the main developments is the ongoing process of its Europeanization and internationalization. This book aims to present and explain these recent transformations. It gives a comprehensive overview of issues that arise in the context of the Europeanization and internationalization of constitutional law. It will be of interest not only to scholars and students in law and political science but to all persons who are interested in the developments of constitutional democracies."
| Author | : Neil Walker |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 574 |
| Release | : 2003-11-28 |
| Genre | : Law |
| ISBN | : 1847316964 |
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.
| Author | : André Santos Campos |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 288 |
| Release | : 2021-03-11 |
| Genre | : Philosophy |
| ISBN | : 1786615886 |
Sovereignty as Value is one of the first books to examine sovereignty using solely a normative approach. Through fourteen original essays, the book seeks to understand its viability in a globalized world, thus taking into account the inclusion of a language of rights, limitation and legitimacy. The authors’ focus is on whether sovereignty as a normative concept might be understood as a criterion of legitimate power and authority; as a foundational concept of public ethics applied to political and legal institutions. How should notions of legitimacy be linked with the notion of sovereignty? In what manner is sovereignty challenged by territoriality and territorial control? How does sovereignty relate to political legitimacy? Are all the forms of sovereign authority legitimate? Does the project of advancing human rights globally conflict with the logic of exclusion inherent in the classic notion of national sovereignty? These are some of the questions that will be assessed in this collective volume.
| Author | : Wendy Brown |
| Publisher | : MIT Press |
| Total Pages | : 169 |
| Release | : 2014-02-07 |
| Genre | : Political Science |
| ISBN | : 1935408097 |
Discusses the spate of wall-building by countries around the world and considers the reasons why walls are being built in an increasingly globalized world in which threats to security come from sources that cannot be contained by brick and barbed wire.
| Author | : Stefan Auer |
| Publisher | : Hurst Publishers |
| Total Pages | : 333 |
| Release | : 2022-05-24 |
| Genre | : Political Science |
| ISBN | : 1787388670 |
The European Union means many different things to its many peoples. In Germany, for example, the European project was conceived mainly as post-national, or even post-sovereign. In France, by contrast, President Emmanuel Macron has pursued the vision of a sovereign Europe; that is, an EU that would become a formidable geopolitical actor. Yet, instead, Europe has struggled to ascertain its values abroad and even domestically, facing a sovereignist rebellion from its newer member states, such as Hungary and Poland, and the departure of Britain. The eurozone crisis has undermined the EU’s economic credentials, the refugee crisis its societal cohesion, the failure to stand up to Russia its sense of purpose, and the Covid-19 pandemic its credibility as a protector of European citizens. The key argument of this book is that the multiple crises of the European project are caused by one underlying factor: its bold attempt to overcome the age of nation-states. Left unchecked, supranational institutions tend to become ever more bureaucratic, eluding control of the people they are meant to serve. The logic of technocracy is thus pitted against the democratic impulse, which the European Union is supposed to embody. Democracy in Europe has suffered as a result.
