From Popular Sovereignty To The Sovereignty Of Law
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From Popular Sovereignty to the Sovereignty of Law by Martin Ostwald Pdf
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.
Constitutional Change and Popular Sovereignty by Maria Cahill,Colm Ó Cinnéide,Seán Ó Conaill,Conor O’Mahony Pdf
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.
Popular Sovereignty in the West by Geneviève Nootens Pdf
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.
Popular Sovereignty in Early Modern Constitutional Thought by Daniel Lee Pdf
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.
Sovereignty, International Law, and the French Revolution by Edward James Kolla Pdf
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.
Council Of Europe,European Commission for Democracy through Law
Author : Council Of Europe,European Commission for Democracy through Law Publisher : Council of Europe Page : 234 pages File Size : 42,9 Mb Release : 2011-04-20 Category : Political Science ISBN : 9789287171351
Definition and development of human rights and popular sovereignty in Europe by Council Of Europe,European Commission for Democracy through Law Pdf
What role do the people play in defining and developing human rights?This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford.The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Democracy as Popular Sovereignty by Filimon Peonidis Pdf
Although democracy is in principle associated with popular rule, in practice it is best described as rule by elected elites. This form of government is not only wanting from a theoretical point of view, but it also no longer seems to meet the expectations of large segments of the citizenry. This book offers a blueprint for an alternative democratic model, democracy as popular sovereignty. Starting with the idea that the people, generously defined, are sovereign when they rule as equally valuable and fully participating members of a self-governing collectivity, this model tries to describe the constitutional and institutional arrangements necessary to achieve a workable version of this idea in advanced democratic states. This implies among other changes a greater dose of direct democracy, the use of sortition and a different conception of representation. The overall argument developed combines insights, facts, and findings from normative political theory, empirical political science, democracy’s long history as well as from the recent burgeoning literature on participatory and deliberative democracy.
Popular Sovereignty in Early Modern Constitutional Thought by Daniel Lee Pdf
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.
Sovereignty in Post-Sovereign Society by Jiří Přibáň Pdf
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.
