Questioning Sovereignty

Author : Neil MacCormick
Publisher : Oxford University Press on Demand
Page : 210 pages
File Size : 45,6 Mb
Release : 2001
Category : Law
ISBN : 0199253307

Get Book

Questioning Sovereignty by Neil MacCormick Pdf

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the judicial character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.

Author : Neil MacCormick
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 1999
Category : Electronic
ISBN : 0198268769

Get Book

Questioning Sovereignty by Neil MacCormick Pdf

Author : Hussein Ali Agrama
Publisher : University of Chicago Press
Page : 297 pages
File Size : 47,9 Mb
Release : 2012-11-02
Category : Law
ISBN : 9780226010687

Get Book

Questioning Secularism by Hussein Ali Agrama Pdf

What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.

Author : Jane Jacobs
Publisher : Vintage
Page : 192 pages
File Size : 52,8 Mb
Release : 2016-11-02
Category : Political Science
ISBN : 9780525432890

Get Book

The Question of Separatism by Jane Jacobs Pdf

Jane Jacobs, writing from her adoptive country, uses the problems facing an independence-seeking Quebec and Canada as a whole to examine the universal problem of sovereignty and autonomy that nations great and small have struggled with throughout history. Using Norway’s relatively peaceful divorce from Sweden as an example, Jacobs contends that Canada and Canadians—Quebecois and Anglophones alike—can learn important lessons from similar sovereignty questions of the past.

Author : Charles Barbour,George Pavlich
Publisher : Routledge
Page : 245 pages
File Size : 44,7 Mb
Release : 2009-10-16
Category : Law
ISBN : 9781134008995

Get Book

After Sovereignty by Charles Barbour,George Pavlich Pdf

After Sovereignty addresses the vexed question of sovereignty in contemporary social, political, and legal theory. The emergence, and now apparent implosion, of international capital exceeding the borders of known political entities, the continued expansion of a potentially endless 'War on Terror', the often predicted, but still uncertain, establishment of either a new international American Empire or a new era of International Law, the proliferation of social and political struggles among stateless refugees, migrant workers, and partial citizens, the resurgence of religion as a dominant source of political identification among people all over the globe – these developments and others have thrown into crisis the modern concept of sovereignty, and the notions of statehood and citizenship that rest upon it. Drawing on classical sources and more contemporary speculations, and developing a range of arguments concerning the possibility of political beginnings in the current moment, the papers collected in After Sovereignty contribute to a renewed interest in the problem of sovereignty in theoretical and political debate. They also provide a multitude of resources for the urgent, if necessarily fractured and diffuse, effort to reconfigure sovereignty today. Whilst it has regularly been suggested that the sovereignty of the nation-state is in crisis, the exact reasons for, and exact implications of, this crisis have rarely been so intensively examined.

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 185 pages
File Size : 45,9 Mb
Release : 2021-02-01
Category : History
ISBN : 9781487539702

Get Book

Sovereignty by Peter H. Russell Pdf

To be effective, sovereignty must be secured through force or consent by those living in a territory, and accepted externally by other sovereign states. To be legitimate, the sovereignty claim must have the consent of its people and accord with international human rights. In Sovereignty: The Biography of a Claim, Peter H. Russell traces the origins of the sovereignty claim to Christian Europe and the attribution of sovereignty to God in the early Middle Ages. Transcending a narrow legal framework, he discusses sovereignty as a political activity including efforts to enshrine sovereignty within international law. Russell does not call for the end of sovereignty but makes readers aware of its limitations. While sovereignty can do good work for small and vulnerable peoples, it cannot be the basis of a global order capable of responding to the major existential threats that threaten our species and our planet. A brisk, often humorous, and personal exploration, Sovereignty: The Biography of a Claim will interest specialists and general readers alike, offering fresh insights on the limitations of sovereignty and the potential of federalism to alleviate these limitations now and in the future.

Author : Antonia M. Waltermann
Publisher : Springer Nature
Page : 169 pages
File Size : 49,6 Mb
Release : 2019-10-17
Category : Law
ISBN : 9783030300043

Get Book

Reconstructing Sovereignty by Antonia M. Waltermann Pdf

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no (necessary) connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers (both practitioners and academics) and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”

Author : Roger Kimball
Publisher : Encounter Books
Page : 100 pages
File Size : 54,7 Mb
Release : 2020-11-03
Category : Political Science
ISBN : 9781641771290

Get Book

Who Rules? by Roger Kimball Pdf

The populist phenomenon is often identified with the election of Donald Trump in November 2016. But the political, moral, and social realities for which Trump was a symbol both predated his candidacy and achieved independent fulfillment in countries as disparate as the United Kingdom, Hungary, and Brazil. At the center of the populist challenge, this volume proposes, are two questions. The first revolves around the question of sovereignty: who governs a country? This question is at the center of all contemporary populist initiatives and has been posed with increasing urgency as the bureaucratic burden of what has come to be called the administrative state has intruded more and more forcefully upon the political and social life of Western democracies. The second key question, one related to the issue of sovereignty, concerns what Lincoln called “public sentiment”: the widespread, almost taken-for-granted yet nonetheless palpable affirmation by a people of their national identity. The erosion of national sovereignty to which populism is a response has been accompanied by an erosion of that shared national consensus. Increasingly, the traditional pillars of this consensus—the binding forces of family, religion, civic duty, and patriotic filiation—have faltered before the blandishments of transnational progressivism. The debate sparked by these problems has turned on a number of high-profile issues which this volume seeks to address, including immigration, free trade, foreign policy, religious freedom, and the question of citizenship.

Author : Professor James Charles Smith
Publisher : Ashgate Publishing, Ltd.
Page : 483 pages
File Size : 51,7 Mb
Release : 2014-01-28
Category : Law
ISBN : 9781409484707

Get Book

Property and Sovereignty by Professor James Charles Smith Pdf

This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Author : Claire Oakes Finkelstein,Michael Skerker
Publisher : Ethics, National Security, and
Page : 377 pages
File Size : 41,8 Mb
Release : 2018-11-02
Category : Law
ISBN : 9780190922542

Get Book

Sovereignty and the New Executive Authority by Claire Oakes Finkelstein,Michael Skerker Pdf

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.

Author : Elizabeth Carlson-Manathara
Publisher : Fernwood Publishing
Page : 322 pages
File Size : 43,5 Mb
Release : 2021-04-15T00:00:00Z
Category : Social Science
ISBN : 9781773632636

Get Book

Living in Indigenous Sovereignty by Elizabeth Carlson-Manathara Pdf

In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet’suwet’en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward “living in Indigenous sovereignty” — living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together. Visit for more details: https://www.storiesofdecolonization.org Watch the book launch video here:

Author : Sovereignty Education and Defense Ministry (SEDM)
Publisher : Sovereignty Education and Defense Ministry (SEDM)
Page : 57 pages
File Size : 52,7 Mb
Release : 2020-02-06
Category : Law
ISBN : 8210379456XXX

Get Book

Policy Document: Answers to Press Questions About Sovereignty Advocacy, Form #08.019 by Sovereignty Education and Defense Ministry (SEDM) Pdf

Answers to common questions by the press about sovereignty.

Author : Laura Brace,John Hoffman
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 40,5 Mb
Release : 2016-10-06
Category : Political Science
ISBN : 9781474288460

Get Book

Reclaiming Sovereignty by Laura Brace,John Hoffman Pdf

Sovereignty is undoubtedly one of the most disputed and controversial concepts in politics today. What does it mean to say that a state, a people or an individual is sovereign? In this book, twelve contributors, all specialists in their own area, tackle these questions in different ways. Underlying the range and diversity of their responses is a common problem: how does sovereignty relate to society and the state? The first part focuses upon developments in British politics, the European Union, Northern Ireland and South Africa in the late 20th century. The second part explores state sovereignty from an international perspective, while the third looks towards detaching sovereignty from the state. Feminist arguments about the self and the exploitation of prostituted women are interrogated along with a democratic analysis of popular organizations and a novel assessment of the question of sovereignty and animal rights.

Author : Joshua Ben David Nichols
Publisher : Wilfrid Laurier Univ. Press
Page : 210 pages
File Size : 51,7 Mb
Release : 2013-09-03
Category : Philosophy
ISBN : 9781554588718

Get Book

The End(s) of Community by Joshua Ben David Nichols Pdf

This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on the question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue.

Author : Richard Rawlings,Peter Leyland,Alison Young
Publisher : OUP Oxford
Page : 400 pages
File Size : 43,6 Mb
Release : 2013-11-14
Category : Law
ISBN : 9780191509445

Get Book

Sovereignty and the Law by Richard Rawlings,Peter Leyland,Alison Young Pdf

The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.