Jurisprudence Of Sovereignty
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The Sovereignty Of Law
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Author : Francis G. Jacobs
language : en
Publisher: Cambridge University Press
Release Date : 2007-06-14
The Sovereignty Of Law written by Francis G. Jacobs 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 2007-06-14 with Law categories.
Recently, the role of courts has changed dramatically. Not only do courts now have to decide cases between parties, they also often have to choose between competing fundamental values. Judges may have to balance the potentially conflicting interests of human life and human dignity; freedom of speech and the right of privacy; or free trade and the protection of the environment. The courts may have to circumscribe freedom of religion, and decide when religious dress may be worn. With the non-specialist in mind, and starting from the basic notion of the rule of law, this book explores how judges can and should address such issues. Both the European Convention on Human Rights and the European Union often play a decisive role, and the book points out both the advantages and the difficulties posed by this. Above all, it seeks to promote a more informed debate.
Sovereignty
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Author : Hermann Heller
language : en
Publisher: Oxford University Press
Release Date : 2019-03-19
Sovereignty written by Hermann Heller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Law categories.
Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Cosmopolitanism State Sovereignty And International Law And Politics
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Author : Jorge E. Núñez
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-25
Cosmopolitanism State Sovereignty And International Law And Politics written by Jorge E. Núñez and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Law categories.
This book assesses the relationship between cosmopolitanism and sovereignty. Often considered to be incompatible, it is argued here that the two concepts are in many ways interrelated and to some extent rely on one another. By introducing a novel theory, the work presents a detailed philosophical analysis to illustrate how these notions might theoretically and practically work together. This theoretical inquiry is balanced with detailed empirical discussion highlighting how the concepts are related in practice and to expose the weaknesses of stricter interpretations of sovereignty which present it as exclusionary. Finally, the book looks at territorial disputes to explore how sovereignty and cosmopolitanism can successfully operate together to deal with global issues. The work will be of interest to academics and researchers in the areas of Legal Philosophy, Legal Theory and Jurisprudence, Public International Law, International Relations and Political Science.
Technology Sovereignty And International Law
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Author : Francis Lyall
language : en
Publisher: Routledge
Release Date : 2022-03-10
Technology Sovereignty And International Law written by Francis Lyall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.
The dogma of the sovereignty of the state, deriving from the Peace of Westphalia, underpins much of the modern-day international system. However, developments in recent technology have led this ideology to depart from reality. Viewing state sovereignty through the prism of public international law, the book will begin with an overview of the settlement of Westphalia, how it has influenced international documents ever since, and how the advantages of centralised decisions came to be perceived. By surveying the Law of the Sea, Maritime Law, Air and Aviation, Telecommunications, Postal Services, Space Law and Mensuration, the book demonstrates how, in each, the interplay between state sovereignty and developing technologies have caused significant legal change. Some changes, Lyall argues, such as international measures of time and geography, have been born out of convenience, facilitated by technology developed for the purpose. Other areas of change developed out of a desire to reconcile conflicts or harmonise necessary state regulation. The book analyses the reasons behind these changes and discusses the ongoing attempts to balance state equality, measures adopted by new institutions to secure comprehensive representation. It ends by looking to the future of state sovereignty in an increasingly globalised world. The book is of use to any student or scholar interested in policy making, international law and international affairs, both legal and scientific, as well as those looking at legal administrative issues and government officiation.
The Sovereignty Of Law
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Author : T. R. S. Allan
language : en
Publisher: OUP Oxford
Release Date : 2013-07-18
The Sovereignty Of Law written by T. R. S. Allan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority with individual freedom. Drawing on the work of Lon Fuller and Ronald Dworkin, Allan emphasizes the normative character of legal interpretation - understanding the implications of statute and precedent by reference to moral ideals of legality and liberty. Allan denies that constitutional law can be reduced to empirical facts about legislative or judicial conduct or opinion. There is no 'rule of recognition' from the lawyer's interpretative viewpoint - only a moral theory of the nature and limits of political authority, which lawyers must construct in order to make sense of legal and constitutional practice. A genuine republicanism, protecting individual independence, requires the safeguards afforded by judicial review, which must ensure that governmental action is consistent with the rule of law; and the rule of law encompasses not merely the formal equality of all before the law, as enacted or declared, but a more fundamental idea of equal citizenship. Allan's interpretative approach is applied to a wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.
Sovereignty Conflicts And International Law And Politics
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Author : Jorge E. Núñez
language : en
Publisher: Routledge
Release Date : 2017-05-12
Sovereignty Conflicts And International Law And Politics written by Jorge E. Núñez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-12 with Law categories.
Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.
Relocating Sovereignty
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Author : Neil Walker
language : en
Publisher: Routledge
Release Date : 2018-02-06
Relocating Sovereignty written by Neil Walker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Political Science categories.
This volume brings together a collection of classic and contemporary texts which engage with the core problem of sovereignty from the perspective of various legal and law-related sub-disciplines: legal history and theory, constitutional law, international law and relations and EU law. Many of the highlights from the intense debates about the continuing relevance or otherwise of the internal sovereignty of national legal orders and the external sovereignty of states in a rapidly- globalizing world are reproduced here.c
Territorial Disputes And State Sovereignty
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Author : Jorge E. Núñez
language : en
Publisher: Routledge
Release Date : 2020-05-11
Territorial Disputes And State Sovereignty written by Jorge E. Núñez and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-11 with Juvenile Nonfiction categories.
Adopting a multi-disciplinary approach, this book opens new ground for research on territorial disputes. Many sovereignty conflicts remain unresolved around the world. Current solutions in law, political science and international relations generally prove problematic to at least one of the agents part of these differences. Arguing that disputes are complex, multi-layered and multi-faceted, this book brings together a global, inter-disciplinary view of territorial disputes. The book reviews the key conceptual elements central to legal and political sciences with regards to territorial disputes: state, sovereignty and self-determination. Looking at some of the current long-standing disputes worldwide, it compares and contrasts the many issues at stake and the potential remedies currently available in order to assess why some territorial disputes remain unresolved. Finally, it offers a set of guidelines for dispute settlement and conflict resolution that current remedies fail to provide. It will appeal to students and scholars working in international relations, legal theory and jurisprudence, public international law and political sciences.
Competing Sovereignties
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Author : Richard Joyce
language : en
Publisher: Routledge
Release Date : 2012-08-21
Competing Sovereignties written by Richard Joyce and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-21 with Law categories.
Competing Sovereignties provides a critique of the concept of sovereignty in modernity in light of claims to determine the content of law at the international, national and local levels. In an argument that is illustrated through an analysis of debates over the control of intellectual property law in India, Richard Joyce considers how economic globalization and the claims of indigenous communities do not just challenge national sovereignty - as if national sovereignty is the only kind of sovereignty - but in fact invite us to challenge our conception of what sovereignty ‘is’. Combining theoretical research and reflection with an analysis of the legal, institutional and political context in which sovereignties 'compete', the book offers a reconception of modern sovereignty - and, with it, a new appreciation of the complex issues surrounding the relationship between international organisations, nation states and local and indigenous communities.
Sovereignty Knowledge Law
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Author : Panu Minkkinen
language : en
Publisher: Routledge
Release Date : 2009-05-22
Sovereignty Knowledge Law written by Panu Minkkinen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-22 with Law categories.
Sovereignty, Knowledge, Law investigates the notion of sovereignty from three different, but related perspectives: as a legal question in relation to the sovereign state, as a political question in relation to sovereign power, and as a metaphysical question in relation to sovereign self-knowledge. The varied and interchangeable uses of legal sovereignty, political sovereignty and metaphysical sovereignty in contemporary debates have resulted in a situation where the word ‘sovereignty’ itself has become something of a non-concept. Panu Minkkinen shows here how these three perspectives have informed one another, by addressing their shared relationship to law, and to the ‘autocephalous’ function of sovereignty; that is, the attempt to provide a single source and foundation for law, power, and self-knowledge. Through an effort to domesticate the intrinsically ‘heterocephalous’ nature of power, the juridical and jurisprudential aim has been to confine power within the closed vertical hierarchy of traditional legal thinking. Sovereignty, Knowledge, Law thus elaborates this heterocephaly, proposing new understandings of sovereignty, as well as of law and of legal scholarship.