Download or read book Sovereignty in Postsovereign Society a European Perspective written by Jiri Priban and published by Lund Humphries Publishers. This book was released on 2015-08-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition, and reformulates the concept and its persistence as part of the self-referential communication of the systems of positive law and politics. The author uses several contemporary European examples, developments and paradoxes and argues that the modern question of sovereignty permanently oscillating between de iúre authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics.

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.

Download or read book Sovereignty in Post Sovereign Society written by Professor Jiří Přibáň and published by Ashgate Publishing, Ltd.. This book was released on 2015-08-28 with total page 280 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 iúre 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.

Download or read book Self Constitution of European Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-05-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent social and political developments in the EU have clearly shown the profound structural changes in European society and its politics. Reflecting on these developments and responding to the existing body of academic literature and scholarship, this book critically discusses the emerging notion of European constitutionalism, its varieties and different contextualization in theories of EU law, general jurisprudence, sociology of law, political theory and sociology. The contributors address different problems related to the relationship between the constitutional state and non-state constitutionalizations and critically analyze general theories of constitutional monism, dualism and pluralism and their juridical and political uses in the context of EU constitutionalism. Individual chapters emphasize the importance of interdisciplinary and socio-legal methods in the current research of EU constitutionalism and their potential to re-conceptualize and re-think traditional problems of constitutional subjects, limitation and separation of power, political symbolism and identity politics in Europe. This collection simultaneously describes the EU and its self-constitution as one polity, differentiated society and shared community and its contributors conceptualize the sense of common identity and solidarity in the context of the post-sovereign multitude of European society.

Download or read book Sovereignty as Value written by André Santos Campos and published by Rowman & Littlefield. This book was released on 2021-03-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016-03-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book European Disunion written by Stefan Auer and published by Hurst Publishers. This book was released on 2022-05-24 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Sovereignty RIP written by Don Herzog and published by Yale University Press. This book was released on 2020-04-14 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Idea of a European Superstate written by Glyn Morgan and published by Princeton University Press. This book was released on 2009-01-10 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there a justification for European integration? The Idea of a European Superstate examines this--the most basic--question raised by the European Union. In doing so, Glyn Morgan assesses the arguments put forward by eurosceptics and their critics. In a challenge to both sides of the debate, Morgan argues in support of a European superstate. Unless Europe forms a unitary sovereign state, Europe will remain, so he maintains, weak and dependent for its security on the United States. The Idea of a European Superstate reshapes the debate on European political integration. It throws down a gauntlet to eurosceptics and euro-enthusiasts alike. While employing the arguments of contemporary political philosophy and international relations, this book is written in an accessible fashion that anyone interested in European integration can understand.

Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016-03-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Download or read book Sovereignty in Fragments written by Hent Kalmo and published by Cambridge University Press. This book was released on 2014-03-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Global Reach of EU Law written by Elaine Fahey and published by Taylor & Francis. This book was released on 2016-08-25 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU strives to be a leading rule-making organisation with global reach in both economic and non-economic fields. But how should we understand the science behind this? This book focuses upon unpacking the uncertainty, the form and directions of the global reach of EU law, as a distinctive form of post-national rule-making. The work examines two central themes: the conceptual development of the global reach and effects of EU law; and the methodology of EU rule-making processes. It considers what specific impact and effects the EU’s rules are having, and its approach to global reach. The book studies the EU’s Area of Freedom, Security and Justice (AFSJ) as a case of a non-economic field offering examples of ways and means in which the global reach of EU law can manifest itself in an evolving and sensitive field. Using this casestudy, the book develops a sharper focus upon the ‘internal’ and ‘external’ elements of EU law which make up our understanding of the global reach of EU law and develops further why global reach is important as a scientific phenomenon. The book will be a valuable resource for researchers and students in the areas of EU law, global governance and the study of law beyond the nation state.

Download or read book Opting Out of the European Union written by Rebecca Adler-Nissen and published by Cambridge University Press. This book was released on 2014-08-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first in-depth account of how European Union opt-outs and differentiated integration work in practice.

Download or read book A Genealogy of Sovereignty written by Jens Bartelson and published by Cambridge University Press. This book was released on 1995-04-06 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of sovereignty is central to international relations theory and theories of state formation, and provides the foundation of the conventional separation of modern politics into domestic and international spheres. In this book Jens Bartelson provides a critical analysis and conceptual history of sovereignty, dealing with this separation as reflected in philosophical and political texts during three periods: the Renaissance, the Classical Age, and Modernity. He argues that the concept of sovereignty and its place within political discourse are conditioned by philosophical and historiographical discontinuities between the periods, and that sovereignty should be regarded as a concept contingent upon, rather than fundamental to, political science and its history.

Download or read book Sovereignty in Transition written by Neil Walker and published by Bloomsbury Publishing. This book was released on 2003-11-28 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Perspectives on Third World Sovereignty written by Mark E. Debham and published by Springer. This book was released on 2016-07-27 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the concept of sovereignty in the post-modern world and its interrelationship to problems and issues facing the Third World. Specifically it examines the theoretical and practical dimensions of sovereignty in the current era, such as its changing dimensions and possible disintegration. These issues are placed into a real-world context by examining their relationships to political and economic development in the Third World.