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Author: Paulina Ochoa Espejo Publisher: Penn State Press ISBN: 027107454X Category : Political Science Languages : en Pages : 219
Book Description
Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In The Time of Popular Sovereignty, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and critical theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy.
Author: Paulina Ochoa Espejo Publisher: Penn State Press ISBN: 027107454X Category : Political Science Languages : en Pages : 219
Book Description
Democracy is usually conceived as based on self-rule or rule by the people, and it is this which is taken to ground the legitimacy of the democratic form of government. But who constitutes the people? Democratic political theory has a potentially fatal weakness at its core unless it can answer this question satisfactorily. In The Time of Popular Sovereignty, Paulina Ochoa Espejo examines the problems the concept of the people raises for liberal democratic theory, constitutional theory, and critical theory. She argues that to solve these problems, the people cannot be conceived as simply a collection of individuals. Rather, the people should be seen as a series of events, an ongoing process unfolding in time. She then offers a new theory of democratic peoplehood, laying the foundations for a new theory of democratic legitimacy.
Author: Bas Leijssenaar Publisher: Cambridge University Press ISBN: 1108483518 Category : History Languages : en Pages : 247
Book Description
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Author: Daniel Lee Publisher: Oxford University Press ISBN: 0191062456 Category : Law Languages : en Pages : 394
Book Description
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: Andrew F. March Publisher: Belknap Press ISBN: 0674987837 Category : History Languages : en Pages : 329
Book Description
Islamist thinkers used to debate the doctrine of the caliphate of man, which holds that God is sovereign but has appointed the multitude of believers as His vicegerent. Andrew March argues that the doctrine underpins a democratic vision of popular rule over governments and clerics. But is this an ideal regime destined to survive only in theory?
Author: Jiří Přibáň Publisher: Routledge ISBN: 1317052080 Category : Law Languages : en Pages : 284
Book Description
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.
Author: Adam Lupel Publisher: Routledge ISBN: 1135969310 Category : Philosophy Languages : en Pages : 198
Book Description
This volume analyzes the impact of globalization on the concept of popular sovereignty, seeking to better understand the emerging structures of global governance and their potential for democratic legitimacy.
Author: Maria Cahill Publisher: Routledge ISBN: 1000395634 Category : Law Languages : en Pages : 226
Book Description
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.
Author: Paulina Ochoa Espejo
Author: Paulina Ochoa Espejo
Author: Harold Joseph Laski
Author: Richard Bourke
Author: Bas Leijssenaar
Author: Daniel Lee
Author: Andrew F. March
Author: Jiří Přibáň
Author: Peter C. Caldwell
Author: Adam Lupel
Author: Maria Cahill