Sovereignty And The New Executive Authority

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Sovereignty and the New Executive Authority

Author : Claire Oakes Finkelstein
Publisher : Ethics, National Security, and
ISBN 13 : 0190922540
Total Pages : 377 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Sovereignty and the New Executive Authority by : Claire Oakes Finkelstein

Download or read book Sovereignty and the New Executive Authority written by Claire Oakes Finkelstein and published by Ethics, National Security, and. This book was released on 2018-11-02 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and New Wars

Author : Christine Chinkin
Publisher : Cambridge University Press
ISBN 13 : 1107171210
Total Pages : 611 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis International Law and New Wars by : Christine Chinkin

Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Sovereignty and the New Executive Authority

Author : Claire Finkelstein
Publisher : Oxford University Press
ISBN 13 : 0190922559
Total Pages : 450 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Sovereignty and the New Executive Authority by : Claire Finkelstein

Download or read book Sovereignty and the New Executive Authority written by Claire Finkelstein and published by Oxford University Press. This book was released on 2018-10-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.

The Elements of Politics

Author : Henry Sidgwick
Publisher : Cambridge University Press
ISBN 13 : 1108043933
Total Pages : 671 pages
Book Rating : 4.1/5 (8 download)

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Book Synopsis The Elements of Politics by : Henry Sidgwick

Download or read book The Elements of Politics written by Henry Sidgwick and published by Cambridge University Press. This book was released on 2012-01-26 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of theoretical and practical aspects of governance, published in 1891 by one of Britain's leading political philosophers.

The Sovereignty Wars

Author : Stewart M. Patrick
Publisher : Brookings Institution Press
ISBN 13 : 0815731604
Total Pages : 356 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis The Sovereignty Wars by : Stewart M. Patrick

Download or read book The Sovereignty Wars written by Stewart M. Patrick and published by Brookings Institution Press. This book was released on 2017-10-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.

Sovereignty

Author : Hermann Heller
Publisher : Oxford University Press
ISBN 13 : 0192538500
Total Pages : 208 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Sovereignty by : Hermann Heller

Download or read book Sovereignty written by Hermann Heller and published by Oxford University Press. This book was released on 2019-03-19 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.

Outsourcing Sovereignty

Author : Paul R. Verkuil
Publisher : Cambridge University Press
ISBN 13 : 0511346360
Total Pages : 248 pages
Book Rating : 4.5/5 (113 download)

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Book Synopsis Outsourcing Sovereignty by : Paul R. Verkuil

Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

Our Republican Constitution

Author : Randy E. Barnett
Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 320 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Sovereignty of Law

Author : T.R.S. Allan
Publisher : Oxford University Press
ISBN 13 : 0199685061
Total Pages : 370 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Sovereignty of Law by : T.R.S. Allan

Download or read book The Sovereignty of Law written by T.R.S. Allan and published by Oxford University Press. This book was released on 2013-07-18 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original account of the British constitution, this book explains how the requirements of constitutional law depend on underlying considerations of legal and political theory and defends an account of the British constitution as a source of individual freedom, grounded in a persuasive interpretation of the common law constitutional tradition.

Authority in the Modern State

Author : Harold Joseph Laski
Publisher :
ISBN 13 :
Total Pages : 414 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Authority in the Modern State by : Harold Joseph Laski

Download or read book Authority in the Modern State written by Harold Joseph Laski and published by . This book was released on 1919 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is some sort the sequel to a book on the problem of sovereignty which I published in March, 1917."--Preface.

States of War

Author : David William Bates
Publisher : Columbia University Press
ISBN 13 : 0231528663
Total Pages : 281 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis States of War by : David William Bates

Download or read book States of War written by David William Bates and published by Columbia University Press. This book was released on 2011-11-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.

International Authority and the Responsibility to Protect

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1139494244
Total Pages : 247 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Authority and the Responsibility to Protect by : Anne Orford

Download or read book International Authority and the Responsibility to Protect written by Anne Orford and published by Cambridge University Press. This book was released on 2011-01-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

A Critique of Sovereignty

Author : Daniel Loick
Publisher : Rowman & Littlefield
ISBN 13 : 1786600404
Total Pages : 279 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis A Critique of Sovereignty by : Daniel Loick

Download or read book A Critique of Sovereignty written by Daniel Loick and published by Rowman & Littlefield. This book was released on 2018-11-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important new book, Daniel Loick argues that in order to become sensible to the violence imbedded in our political routines, philosophy must question the current forms of political community – the ways in which it organizes and executes its decisions, in which it creates and interprets its laws – much more radically than before. It must become a critical theory of sovereignty and in doing so eliminate coercion from the law. The book opens with a historical reconstruction of the concept of sovereignty in Bodin, Hobbes, Rousseau, and Kant. Loick applies Adorno and Horkheimer’s notion of a ‘dialectic of Enlightenment’ to the political sphere, demonstrating that whenever humanity deemed itself progressing from chaos and despotism, it at the same time prolonged exactly the violent forms of interaction it wanted to rid itself from. He goes on to assemble critical theories of sovereignty, using Walter Benjamin’s distinction between ‘law-positing’ and ‘law-preserving’ violence as a terminological source, engaging with Marx, Arendt, Foucault, Agamben and Derrida, and adding several other dimensions of violence in order to draw a more complete picture. Finally, Loick proposes the idea of non-coercive law as a consequence of a critical theory of sovereignty. The translation of this work was funded by Geisteswissenschaften International – Translation Funding for Humanities and Social Sciences from Germany, a joint initiative of the Fritz Thyssen Foundation, the German Federal Foreign Office, the collecting society VG WORT and the Börsenverein des Deutschen Buchhandels (German Publisher & Booksellers Association)

Executive Power in Theory and Practice

Author : H. Liebert
Publisher : Palgrave Macmillan
ISBN 13 : 9780230339965
Total Pages : 0 pages
Book Rating : 4.3/5 (399 download)

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Book Synopsis Executive Power in Theory and Practice by : H. Liebert

Download or read book Executive Power in Theory and Practice written by H. Liebert and published by Palgrave Macmillan. This book was released on 2012-01-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since September 11, 2001, long-standing debates over the nature and proper extent of executive power have assumed a fresh urgency. In this book eleven leading scholars of American politics and political theory address the idea of executive power.

Unstable Constitutionalism

Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Unstable Constitutionalism by : Mark Tushnet

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

The Sleeping Sovereign

Author : Richard Tuck
Publisher : Cambridge University Press
ISBN 13 : 1316425509
Total Pages : 300 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Sleeping Sovereign by : Richard Tuck

Download or read book The Sleeping Sovereign written by Richard Tuck and published by Cambridge University Press. This book was released on 2016-02-15 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.

The Constitution of Risk

Author : Adrian Vermeule
Publisher : Cambridge University Press
ISBN 13 : 1107043727
Total Pages : 209 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Constitution of Risk by : Adrian Vermeule

Download or read book The Constitution of Risk written by Adrian Vermeule and published by Cambridge University Press. This book was released on 2014 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.