Constituent Power Beyond The State
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Constituent Power Beyond The State
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Author : Geneviève Nootens
language : en
Publisher: Routledge
Release Date : 2021-12-30
Constituent Power Beyond The State written by Geneviève Nootens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-30 with Political Science categories.
The concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.
The Paradox Of Constitutionalism
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Author : Martin Loughlin
language : en
Publisher:
Release Date : 2007
The Paradox Of Constitutionalism written by Martin Loughlin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constituent power categories.
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Constituent Power And The Legitimacy Of International Organizations
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Author : John G. Oates
language : en
Publisher: Routledge
Release Date : 2020-02-10
Constituent Power And The Legitimacy Of International Organizations written by John G. Oates and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-10 with Political Science categories.
This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.
Insurgencies
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Author : Antonio Negri
language : en
Publisher: U of Minnesota Press
Release Date : 1999
Insurgencies written by Antonio Negri and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.
State Sovereignty As Social Construct
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Author : Thomas J. Biersteker
language : en
Publisher: Cambridge University Press
Release Date : 1996-05-02
State Sovereignty As Social Construct written by Thomas J. Biersteker and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-05-02 with Political Science categories.
State sovereignty is an inherently social construct. The modern state system is not based on some timeless principle of sovereignty, but on the production of a normative conception that links authority, territory, population, and recognition in a unique way, and in a particular place (the state). The unique contribution of this book is to describe and illustrate the practices that have produced various sovereign ideals and resistances to them. The contributors analyze how the components of state sovereignty are socially constructed and combined in specific historical contexts.
Permanent States Of Emergency And The Rule Of Law
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Author : Alan Greene
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-05
Permanent States Of Emergency And The Rule Of Law written by Alan Greene and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Law categories.
Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
Making Constitutions
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Author : Gabriel L. Negretto
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-17
Making Constitutions written by Gabriel L. Negretto and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Political Science categories.
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Kantian Theory And Human Rights
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Author : Andreas Follesdal
language : en
Publisher: Routledge
Release Date : 2013-11-12
Kantian Theory And Human Rights written by Andreas Follesdal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Political Science categories.
Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
The Law And Legitimacy Of Imposed Constitutions
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Author : Richard Albert
language : en
Publisher: Routledge
Release Date : 2018-11-01
The Law And Legitimacy Of Imposed Constitutions written by Richard Albert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-01 with Law categories.
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
The Theory Of State
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Author : Johann Caspar Bluntschli
language : en
Publisher:
Release Date : 1895
The Theory Of State written by Johann Caspar Bluntschli and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1895 with Constitutional law categories.