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Book From Popular Sovereignty to the Sovereignty of Law

Download or read book From Popular Sovereignty to the Sovereignty of Law written by Martin Ostwald and published by Univ of California Press. This book was released on 2023-07-28 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book From Popular Sovereignty to the Sovereignty of Law

Download or read book From Popular Sovereignty to the Sovereignty of Law written by Martin Ostwald and published by Univ of California Press. This book was released on 1986 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book From Popular Sovereignty to the Sovereignty of Law

Download or read book From Popular Sovereignty to the Sovereignty of Law written by Martin Ostwald and published by Univ of California Press. This book was released on 2023-07-28 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Popular Sovereignty in Historical Perspective

Download or read book Popular Sovereignty in Historical Perspective written by Richard Bourke and published by Cambridge University Press. This book was released on 2016-03-24 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.

Book Popular Sovereignty in Early Modern Constitutional Thought

Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee and published by Oxford University Press. This book was released on 2016-02-18 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Constitutional Change and Popular Sovereignty

Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Popular Sovereignty and the Crisis of German Constitutional Law

Download or read book Popular Sovereignty and the Crisis of German Constitutional Law written by Peter C. Caldwell and published by Duke University Press. This book was released on 1997 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Book Representing Popular Sovereignty

Download or read book Representing Popular Sovereignty written by Daniel Lessard Levin and published by State University of New York Press. This book was released on 1999-03-18 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Sovereignty  International Law  and the French Revolution

Download or read book Sovereignty International Law and the French Revolution written by Edward James Kolla and published by Cambridge University Press. This book was released on 2017-10-12 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Sovereignty in Action

    Book Details:
  • Author : Bas Leijssenaar
  • Publisher : Cambridge University Press
  • Release : 2019-07-18
  • ISBN : 1108483518
  • Pages : 247 pages

Download or read book Sovereignty in Action written by Bas Leijssenaar and published by Cambridge University Press. This book was released on 2019-07-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Book The Caliphate of Man

    Book Details:
  • Author : Andrew F. March
  • Publisher : Belknap Press
  • Release : 2019
  • ISBN : 0674987837
  • Pages : 329 pages

Download or read book The Caliphate of Man written by Andrew F. March and published by Belknap Press. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamist thinkers used to debate the doctrine of the caliphate of man, which holds that God is sovereign but has appointed the multitude of believers as His vicegerent. Andrew March argues that the doctrine underpins a democratic vision of popular rule over governments and clerics. But is this an ideal regime destined to survive only in theory?

Book Law  Power  and the Sovereign State

Download or read book Law Power and the Sovereign State written by Michael Ross Fowler and published by Penn State Press. This book was released on 2010-11-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.

Book Sovereignty   the Responsibility to Protect

Download or read book Sovereignty the Responsibility to Protect written by Luke Glanville and published by University of Chicago Press. This book was released on 2013-12-20 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.

Book The Theory of Popular Sovereignty

Download or read book The Theory of Popular Sovereignty written by Harold Joseph Laski and published by . This book was released on 1919 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Popular Sovereignty in the West

Download or read book Popular Sovereignty in the West written by Geneviève Nootens and published by Routledge. This book was released on 2013-04-12 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an inquiry into the history of the idea of popular sovereignty as it has been shaped by the struggles between rulers and ruled. It builds on the notion that a thorough analysis of how the idea of popular sovereignty emerges from, and interacts with, a political history of contention within changing polities can help us to draw similarities and differences with our own age. Providing a historical perspective to the present day, Nootens pays strong attention to the role of democratization processes and to the relationship between meanings conveyed by the idea of popular sovereignty, political contention, and changing representations of the governing relationship. The latter has been undergoing significant transformations in the last decades, and these transformations impact significantly upon people’s rights, interests, wealth, and capacity to decide for themselves. In order to understand popular sovereignty in an era of globalization, this book argues that focus should be put on current struggles between rulers and ruled, as well as on current transformations of the relationship between public and private spheres. Understanding the claims involved in current processes of contention over decision-making processes is key to understanding popular sovereignty in an era of globalization. Making an important contribution to debates on sovereignty, Popular Sovereignty in the West will be of interest to students and scholars of modern political theory, sovereignty, and democratization studies.

Book Sovereignty in Post Sovereign Society

Download or read book Sovereignty in Post Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Judicial Monarchs

Download or read book Judicial Monarchs written by William J. Watkins, Jr. and published by McFarland. This book was released on 2012-01-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who has the final say on the meaning of the Constitution? From high school to law school, students learn that the framers designed the Supreme Court to be the ultimate arbiter of constitutional issues, a function Chief Justice John Marshall recognized in deciding Marbury v. Madison in 1803. This provocative work challenges American dogma about the Supreme Court's role, showing instead that the founding generation understood judicial power not as a counterweight against popular government, but as a consequence, and indeed a support, of popular sovereignty. Contending that court power must be restrained so that policy decisions are left to the people's elected representatives, this study offers several remedies--including term limits and popular selection of the Supreme Court--to return the American people to their proper place in the constitutional order.