Sovereignty And The New Executive Authority
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Sovereignty And The New Executive Authority
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Author : Claire Oakes Finkelstein
language : en
Publisher: Ethics, National Security, and
Release Date : 2018-11-02
Sovereignty And The New Executive Authority written by Claire Oakes Finkelstein and has been published by Ethics, National Security, and this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-02 with Law categories.
This volume explores moral and legal issues relating to sovereignty by addressing foundational questions about its nature, examining state sovereignty between states, and dealing with post 9/11 developments in the U.S., potentially destabilizing received views of democratic sovereignty. With essays addressing foundational, state and international sovereignty, the book focuses on Post 9/11 developments including the profusion of secret national security programs, including those pertaining to the interrogation, rendition, and detention of terror suspects; signal intercepts and meta-data analysis; and targeted killing of irregular militants; prompting questions regarding the legitimacy of executive power in this arena.
Sovereignty And The New Executive Authority
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Author : Claire Finkelstein
language : en
Publisher: Oxford University Press
Release Date : 2018-10-05
Sovereignty And The New Executive Authority written by Claire Finkelstein 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 2018-10-05 with Law categories.
The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.
International Law And New Wars
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Author : Christine Chinkin
language : en
Publisher: Cambridge University Press
Release Date : 2017-04-27
International Law And New Wars written by Christine Chinkin 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 2017-04-27 with History categories.
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Sovereignty And Liberty
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Author : Amnon Lev
language : en
Publisher: Routledge
Release Date : 2014-03-21
Sovereignty And Liberty written by Amnon Lev and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Law categories.
The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have to work not against but through sovereign power. This book retraces the history of the implication of sovereignty and liberty, an implication that has shaped the way we live together, as individuals and as political beings. Shedding new light on the work of key political and constitutional thinkers, including Marsilius of Padua, Hobbes, Hegel, Kelsen, and Schmitt, it identifies the conceptual operations that created sovereignty and shows how subjection to an absolute and undivided power came to be a source of meaning. At the heart of the analysis is the idea that sovereignty made reference to and relied upon a form of faith which aligned man’s political existence on law. Offering new and often controversial insights into the grounds of our attachment to sovereign power and into the crisis that is currently affecting its institutions, this book will appeal to students and scholars of law, politics, history of philosophy, and the social sciences.
Unstable Constitutionalism
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Author : Mark Tushnet
language : en
Publisher: Cambridge University Press
Release Date : 2015-09-17
Unstable Constitutionalism written by Mark Tushnet 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 2015-09-17 with Law categories.
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Towards A New Executive Order In Europe
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Author : Deirdre Curtin
language : en
Publisher:
Release Date : 2009
Towards A New Executive Order In Europe written by Deirdre Curtin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Administrative agencies categories.
The book highlights the development of a really integrated European executive branch of government across national borders and levels of governance, quite different from the standard portrayal of 'indirect administration' and national 'administrative sovereignty' within the EU.
People Power
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Author : Robert G. Ingram
language : en
Publisher: Manchester University Press
Release Date : 2022-07-19
People Power written by Robert G. Ingram and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Political Science categories.
People power explores the history of the theory and practice of popular power. Western thinking about politics has two fundamental features: 1) popular power in practice is problematic and 2) nothing confers political legitimacy except popular sovereignty. This book explains how we got to our current default position, in which rule of, for and by the people is simultaneously a practical problem and a received truth of politics. The book asks readers to think about how appreciating that history shapes the way we think about the people’s power in the present. Drawn from the disciplines of history and political theory, the contributors to this volume engage in a mutually informing conversation about popular power. They conclude that the problems that first gave rise to popular sovereignty remain simultaneously compelling, unresolved and worthy of further attention.
The New Sovereignty
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Author : Leonardo Bellodi
language : en
Publisher:
Release Date : 2021-02-08
The New Sovereignty written by Leonardo Bellodi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-08 with categories.
For almost 400 years, under the Westphalian system established in 1648, the classic notion of sovereignty has been the pillar of the international relations among States free to do what they want within their territory with the prohibition of intervention in one another's affairs. Humanitarian crisis, international terrorism, weapon of mass destruction, failed states, pandemic, the increasing role of regional and international entities, ONG and financial entities have eroded the tenuous boundaries between the domestic and international notion of sovereignty. Sovereignty no longer provides protection to the State which to survive must cede some power in order to cope with the challenges of the new international order. However, despite the increasing number of actors in the international arena and the identity crisis of the notion of sovereignty, the State is bound to remain the lead actor on the global stage and, in this light, sovereignty can emerge stronger, provided it fully incorporates its responsibility towards the its own people and the entirety of the international community.
Non Statutory Executive Powers And Judicial Review
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Author : Jason Grant Allen
language : en
Publisher:
Release Date : 2022
Non Statutory Executive Powers And Judicial Review written by Jason Grant Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Judicial review of administrative acts categories.
That non-statutory executive powers are subject to judicial review is beyond doubt. But current judicial practice challenges prevailing theories of judicial review and raises a host of questions about the nature of official power and action. This is particularly the case for official powers not associated with the Royal Prerogative, which have been argued to comprise a "third source" of governmental authority. Looking at non-statutory powers directly, rather than incidentally, stirs up the intense but ultimately inconclusive debate about the conceptual basis of judicial review in English law. This provocative book argues that modern judges and scholars have neglected the very concepts necessary to understand the supervisory jurisdiction and that the law has become more complex than it needs to be. If we start from the concept of office and official action, rather than grand ideas about parliamentary sovereignty and the courts, the central questions answer themselves.
A V Dicey And The Common Law Constitutional Tradition
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Author : Mark D. Walters
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-12
A V Dicey And The Common Law Constitutional Tradition written by Mark D. Walters 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 2020-11-12 with Biography & Autobiography categories.
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.