Popular Sovereignty In Early Modern Constitutional Thought

Author : Daniel Lee
Publisher : Oxford University Press
Page : 375 pages
File Size : 53,9 Mb
Release : 2016-02-19
Category : Law
ISBN : 9780191062445

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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.

Author : Richard Bourke,Quentin Skinner
Publisher : Cambridge University Press
Page : 421 pages
File Size : 51,7 Mb
Release : 2016-03-24
Category : History
ISBN : 9781107130401

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Popular Sovereignty in Historical Perspective by Richard Bourke,Quentin Skinner Pdf

The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.

Author : Daniel Lee
Publisher : Oxford University Press
Page : 296 pages
File Size : 52,6 Mb
Release : 2021-08-31
Category : Law
ISBN : 9780191072048

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The Right of Sovereignty by Daniel Lee Pdf

Sovereignty is the vital organizing principle of modern international law. This book examines the origins of that principle in the legal and political thought of its most influential theorist, Jean Bodin (1529/30-1596). As the author argues in this study, Bodin's most lasting theoretical contribution was his thesis that sovereignty must be conceptualized as an indivisible bundle of legal rights constitutive of statehood. While these uniform 'rights of sovereignty' licensed all states to exercise numerous exclusive powers, including the absolute power to 'absolve' and release its citizens from legal duties, they were ultimately derived from, and therefore limited by, the law of nations. The book explores Bodin's creative synthesis of classical sources in philosophy, history, and the medieval legal science of Roman and canon law in crafting the rules governing state-centric politics. The Right of Sovereignty is the first book in English on Bodin's legal and political theory to be published in nearly a half-century and surveys themes overlooked in modern Bodin scholarship: empire, war, conquest, slavery, citizenship, commerce, territory, refugees, and treaty obligations. It will interest specialists in political theory and the history of modern political thought, as well as legal history, the philosophy of law, and international law.

Author : Daniel Lee
Publisher : Unknown
Page : 556 pages
File Size : 50,9 Mb
Release : 2010
Category : Electronic
ISBN : OCLC:644682105

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Civil Law and Civil Sovereignty by Daniel Lee Pdf

Author : Daniel Lee
Publisher : Oxford University Press
Page : 375 pages
File Size : 51,5 Mb
Release : 2016-02-18
Category : Law
ISBN : 9780191062452

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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.

Author : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 47,5 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108483513

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Sovereignty in Action by Bas Leijssenaar,Neil Walker Pdf

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

Author : Peter C. Caldwell
Publisher : Duke University Press
Page : 324 pages
File Size : 55,5 Mb
Release : 1997
Category : History
ISBN : 0822319888

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Popular Sovereignty and the Crisis of German Constitutional Law by Peter C. Caldwell Pdf

A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Author : Robert G. Ingram,Christopher Barker
Publisher : Manchester University Press
Page : 412 pages
File Size : 43,9 Mb
Release : 2022-07-19
Category : Political Science
ISBN : 9781526165633

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People power by Robert G. Ingram,Christopher Barker Pdf

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.

Author : Sanford Levinson
Publisher : University Press of Kansas
Page : 384 pages
File Size : 42,7 Mb
Release : 2016-09-09
Category : Political Science
ISBN : 9780700622993

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Nullification and Secession in Modern Constitutional Thought by Sanford Levinson Pdf

The Missouri legislature passes a bill to flout federal gun-control laws it deems unconstitutional. Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.” Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas's most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.

Author : Luke Glanville
Publisher : University of Chicago Press
Page : 305 pages
File Size : 48,6 Mb
Release : 2013-12-20
Category : Political Science
ISBN : 9780226077086

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Sovereignty & the Responsibility to Protect by Luke Glanville Pdf

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.

Author : Benjamin Straumann
Publisher : Oxford University Press
Page : 433 pages
File Size : 41,8 Mb
Release : 2016
Category : History
ISBN : 9780199950928

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Crisis and Constitutionalism by Benjamin Straumann Pdf

"The crisis and fall of the Roman Republic spawned a tradition of political thought that sought to evade the Republic's fate--despotism. Thinkers from Cicero to Bodin, Montesquieu and the American Founders saw constitutionalism, not virtue, as the remedy. This study traces Roman constitutional thought from antiquity to the Revolutionary Era"--

Author : European Commission for Democracy through Law,Council of Europe
Publisher : Council of Europe
Page : 236 pages
File Size : 48,6 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287171343

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Definition and Development of Human Rights and Popular Sovereignty in Europe by European Commission for Democracy through Law,Council of Europe 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?

Author : Dan Edelstein
Publisher : University of Chicago Press
Page : 335 pages
File Size : 46,9 Mb
Release : 2018-12-05
Category : History
ISBN : 9780226588988

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On the Spirit of Rights by Dan Edelstein Pdf

By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures? In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others, who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.

Author : Cesare Cuttica,Markku Peltonen
Publisher : BRILL
Page : 317 pages
File Size : 42,8 Mb
Release : 2019-07-18
Category : History
ISBN : 9789004406629

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Democracy and Anti-Democracy in Early Modern England 1603–1689 by Cesare Cuttica,Markku Peltonen Pdf

This volume offers a new and cross-disciplinary approach to the study of democratic ideas and practices in early modern England.

Author : Maria Cahill,Colm Ó Cinnéide,Seán Ó Conaill,Conor O’Mahony
Publisher : Routledge
Page : 226 pages
File Size : 45,7 Mb
Release : 2021-07-15
Category : Law
ISBN : 9781000395631

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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.