Sovereignty and the New Executive Authority

Author: Claire Oakes Finkelstein,Michael Skerker

Publisher: Ethics, National Security, and

ISBN: 0190922540

Category: Law

Page: 376

View: 4723

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.
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Sovereignty and the New Executive Authority

Author: Claire Finkelstein,Michael Skerker

Publisher: Oxford University Press

ISBN: 0190922559

Category: Law

Page: 450

View: 8722

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.
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The Sovereignty of Law

Freedom, Constitution and Common Law

Author: T.R.S. Allan

Publisher: Oxford University Press

ISBN: 0199685061

Category: Law

Page: 361

View: 6982

The Sovereignty of Law presents Trevor Allan's most recent and fully elaborated defence of common law constitutionalism - an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, defining what in the British context are the requirements of the rule of law. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation ofpowers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority and individual freedom or autonomy. Allan's interpretative approach isapplied to wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.
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Ending Empire

Contested Sovereignty and Territorial Partition

Author: Hendrik Spruyt

Publisher: Cornell University Press

ISBN: 1501717871

Category: HISTORY

Page: 326

View: 9989

At the dawn of the twentieth century, imperial powers controlled most of the globe. Within a few decades after World War II, many of the great empires had dissolved, and more recently, multinational polities have similarly disbanded. This process of reallocating patterns of authority, from internal hierarchy to inter-state relations, proved far more contentious in some cases than in others. While some governments exited the colonial era without becoming embroiled in lengthy conflicts, others embarked on courses that drained their economies, compelled huge sacrifices, and caused domestic upheaval and revolution. What explains these variations in territorial policy? More specifically, why do some governments have greater latitude to alter existing territorial arrangements whereas others are constrained in their room for maneuver? In Ending Empire, Hendrik Spruyt argues that the answer lies in the domestic institutional structures of the central governments. Fragmented polities provide more opportunities for hard-liners to veto concessions to nationalist and secessionist demands, thus making violent conflict more likely. Spruyt examines these dynamics in the democratic colonial empires of Britain, France, and the Netherlands. He then turns to the authoritarian Portuguese empire and the break-up of the Soviet Union. Finally, the author submits that this theory, which speaks to the political dynamics of partition, can be applied to other contested territories, including those at the heart of the Arab-Israeli conflict.
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The Decline and Fall of the American Republic

Author: Bruce Ackerman

Publisher: Harvard University Press

ISBN: 0674058399

Category: History

Page: 280

View: 6040

Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy have been undermined by both political and legal factors. On the political level, by “government by emergency” and “government by public-opinion poll”; on the legal, by two rising institutions: The Office of Legal Counsel in the Department of Justice and the Office of the Presidential Counsel in the White House. Both institutions came out of the New Deal, but have gained prominence only in the last generation. Lastly, Ackerman kicks off a reform debate that aims to adapt the Founding ideal of checks-and-balances to twenty-first century realities. His aim is not to propose definitive solutions but to provoke a national debate on American democracy in its time of trouble.
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Captives of Sovereignty

Author: Jonathan Havercroft

Publisher: Cambridge University Press

ISBN: 1139503502

Category: Political Science

Page: N.A

View: 9465

A picture of sovereignty holds the study of politics captive. Captives of Sovereignty looks at the historical origins of this picture of politics, critiques its philosophical assumptions and offers a way to move contemporary critiques of sovereignty beyond their current impasse. The first part of the book is diagnostic. Why, despite their best efforts to critique sovereignty, do political scientists who are dissatisfied with the concept continue to reproduce the logic of sovereignty in their thinking? Havercroft draws on the writings of Hobbes and Spinoza to argue that theories of sovereignty are produced and reproduced in response to skepticism. The second part of the book draws on contemporary critiques of skeptical arguments by Wittgenstein and Cavell to argue that their alternative way of responding to skepticism avoids the need to invoke a sovereign as the final arbiter of all political disputes.
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Sovereignty

An Inquiry Into the Political Good

Author: Bertrand de Jouvenel

Publisher: Cambridge University Press

ISBN: 1107600170

Category: Philosophy

Page: 336

View: 4810

Bertrand de Jouvenel examines the relationship between the distribution of power and the creation of an ethical society.
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History of the Theory of Sovereignty Since Rousseau

Author: Charles Edward Merriam

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1886363765

Category: Law

Page: 232

View: 8553

Merriam, C.E., Jr. History of the Theory of Sovereignty Since Rousseau. New York: Columbia University Press, [1900]. x, [11]-233 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32385. ISBN 1-886363-76-5. Cloth. $65. * Reprint of the Columbia University Press edition of 1900, from the Studies in History, Economics and Public Law series published by Columbia University. "... a full and useful account of the chief doctrines put forward on the subject, not stating a theory of his own, but adding pertinent criticisms on the views which he summarizes." Marke, A Catalogue of the Law Collection of New York University (1953) 948. Chapters include The Kantian Theory, The Patrimonial Theory, Sovereignty and the American Union, Federalism and Continental Theory, Popular and State Sovereignty. With bibliographical notes. Catalogue of the Library of the Law School of Harvard University (1909) II:105.
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The Rule of Law and the Separation of Powers

Author: Richard Bellamy

Publisher: Routledge

ISBN: 1351540696

Category: Law

Page: 600

View: 9653

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.
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The Social Contract & Discourses

Author: Jean Jacques Rousseau

Publisher: Lulu.com

ISBN: 1988297370

Category: Economics

Page: 287

View: 3533

The role of government and whether it is required was a great topic of discussion around the revolt against the French nobility at the time this book was written. The argument focuses around whether the idea of law and good conscious is written within each of us and that we all know how government should act and be carried out. The work then goes over the various forms of government and of them all which would fit the proposed "Social Contract" the best. Each as its own merits.
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Divine Sovereignty

The Origins of Modern State Power

Author: Daniel Engster

Publisher: N.A

ISBN: 9780875802756

Category: Political Science

Page: 257

View: 2245

How did the modern state become the Leviathan that Hobbes described? Engster challenges the common assertion that the state emerged from a new secular philosophy at the time of the Renaissance. He argues instead that early modern theorists legitimized state power by portraying it as a sanctified force for moral order within an otherwise secular and contingent world. Engster traces the modern development of state authority to the breakdown of medieval ideas of order encompassed in the "great chain of being." He then shows how sixteenth- and seventeenth-century writers and statesmen such as Montaigne, Bodin, Richelieu, Bossuet, and Hobbes redefined the main principles of the state--including legislative sovereignty, executive prerogative, governmental regulation, and bureaucratic rationality--in ways that underlie state organization even today. Providing a broad synthesis of early modern state theory and practice, Divine Sovereignty suggests that these writers envisioned the state as the center of divine and natural order in a world that had strayed from divine guidance. In revealing how early modern theorists and statesmen justified the new powers of their Leviathan, Engster also illuminates conflicts and paradoxes within the modern nation-state.
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State of Exception

Author: Giorgio Agamben

Publisher: University of Chicago Press

ISBN: 0226009262

Category: Philosophy

Page: 104

View: 523

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
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Stolen Sovereignty

How to Stop Unelected Judges from Transforming America

Author: Daniel Horowitz

Publisher: WND Books

ISBN: 9781944229290

Category: Law

Page: 352

View: 8623

In STOLEN SOVEREIGNTY Horowitz reveals just how disenfranchised voters have become. On issue after issue we are witnessing a transformation of our society before our very eyes, all without the ability to stop it through the political process. We are becoming a government not of the people, by the people, for the people, but of the elites by the justices and for the few.First the courts went after your income. Then they went after the right to abortion. Then the right for men to marry men and women to marry women. Next they will go after the right to our sovereign borders. Where will it end?It is the legislative branch that gives the people their voice. With a weak congress, the people will suffer at the hands of a tyrannical few. By ceding the power of the purse, willfully ignoring executive overreach, blindly confirming judicial nominees, and writing statutes so broadly they transfer full legislative power to the president, the past few generations of congressmen have helped the executive branch and the courts crush their own power. STOLEN SOVEREIGNTY is a book defending sovereignty and society from the courts. Horowitz masterfully explains the legal foundations of this great nation and how the three branches of government are designed to keep the people free. He outlines how the recent overreach of the judicial branch has led to the extinguishing of the voice of the people. And most important, he provides solutions as the looming immigration crisis overshadows the political landscape.As we hunger for leaders who will steer the country back on the track of liberty and justice for all, we must ensure we are never one court decision or one executive order away from losing our society, sovereignty, and government. The courts have spoken. Now, it s time for the American people to reclaim their sovereignty."
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Does the Constitution Follow the Flag?

The Evolution of Territoriality in American Law

Author: Kal Raustiala

Publisher: Oxford University Press

ISBN: 0199858179

Category: Law

Page: 313

View: 9097

The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.
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Sovereign Duty

Author: KrisAnne Hall,Krisanne Hall J D

Publisher: CreateSpace

ISBN: 9781499121148

Category:

Page: 200

View: 2165

Every single branch of the United States government, regardless of the party in control, has failed us and has failed its duty to uphold the Constitution. So where do we go? Where does the solution lie? Certainly there is no single magic bullet, but there is a framework within which the most powerful solutions can be found. In this book I will describe that framework for you and lay again the solid foundation upon which the people's power rests. Make no mistake, the principles that built America were centuries in the making. The framers used hard-won wisdom to lay the foundation of one of the most prosperous and free nations in human history. Yet, some of the most significant blocks of truth have been ripped from the foundation of our understanding and as a result, the great house that is America is being torn down brick by brick. It's time to rebuild and we must start with the foundation. So, get your boots on. This job is shovel-ready. It's time to get to work. It's time to do our Sovereign Duty. Do you want to the answers to the big debates about liberty? Do you want to be armed with the ammunition to defeat the liberal lies? KrisAnne Hall, Constitutional attorney, national speaker and radio talk show host gives you the ammunition you need. Learn the truth about: State Sovereignty Nullification Article V Convention Second Amendment Constitutional Sheriffs
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Constitutionalism and the Separation of Powers

Author: M. J. C. Vile

Publisher: N.A

ISBN: 9780865971752

Category: Law

Page: 455

View: 7364

Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.
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Cyber War

Law and Ethics for Virtual Conflicts

Author: Claire Finkelstein,Jens David Ohlin,Kevin Govern

Publisher: Oxford University Press, USA

ISBN: 0198717504

Category: Law

Page: 320

View: 401

Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyzes the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
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For Fear of an Elective King

George Washington and the Presidential Title Controversy of 1789

Author: Kathleen Bartoloni-Tuazon

Publisher: Cornell University Press

ISBN: 0801471915

Category: Biography & Autobiography

Page: 240

View: 6470

In the spring of 1789, the Senate and House of Representatives fell into dispute regarding how to address the president. For Fear of an Elective King is Kathleen Bartoloni-Tuazon's rich account of the title controversy and its meanings
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Leviathan

Author: Thomas Hobbes

Publisher: Courier Corporation

ISBN: 048612214X

Category: Philosophy

Page: 416

View: 3736

Written during a moment in English history when the political and social structures were in flux and open to interpretation, Leviathan played an essential role in the development of the modern world.
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