Law, Power, and the Sovereign State

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Release : 2010-11-01
Genre : Political Science
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Book Rating : 114/5 ( reviews)

Law, Power, and the Sovereign State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Power, and the Sovereign State write by Michael Ross Fowler. This book was released on 2010-11-01. Law, Power, and the Sovereign State available in PDF, EPUB and Kindle. 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.

Law, Power, and the Sovereign State

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Release : 1995-12-01
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Book Rating : 470/5 ( reviews)

Law, Power, and the Sovereign State - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Power, and the Sovereign State write by Michael R. Fowler. This book was released on 1995-12-01. Law, Power, and the Sovereign State available in PDF, EPUB and Kindle.

The Right of Sovereignty

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Release : 2021-08-31
Genre : Law
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Book Rating : 044/5 ( reviews)

The Right of Sovereignty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right of Sovereignty write by Daniel Lee. This book was released on 2021-08-31. The Right of Sovereignty available in PDF, EPUB and Kindle. 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.

The Principles of Constitutionalism

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Release : 2018-07-25
Genre : Law
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Book Rating : 684/5 ( reviews)

The Principles of Constitutionalism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Principles of Constitutionalism write by N. W. Barber. This book was released on 2018-07-25. The Principles of Constitutionalism available in PDF, EPUB and Kindle. In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

Sovereignty in Post-Sovereign Society

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Release : 2016-03-09
Genre : Law
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Book Rating : 080/5 ( reviews)

Sovereignty in Post-Sovereign Society - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Sovereignty in Post-Sovereign Society write by Jiří Přibáň. This book was released on 2016-03-09. Sovereignty in Post-Sovereign Society available in PDF, EPUB and Kindle. 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.