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Sovereignty and the New Executive Authority

Sovereignty and the New Executive Authority
Author:
Publisher:
Total Pages:
Release: 2018
Genre: Executive power
ISBN: 9780190922573

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This volume explores moral and legal issues relating to the concept of sovereignty across four areas. The essays in Part I address foundational questions about the nature of sovereignty and seek to trace the ways in which the traditional concept of sovereignty laid the foundation for the modern conception of executive authority. The essays in Part II examine the tension between the executive's duty to act expeditiously for the public interest and the executive's duty to gain citizens' consent for his or her actions.


Sovereignty and the New Executive Authority

Sovereignty and the New Executive Authority
Author: Claire Oakes Finkelstein
Publisher: Ethics, National Security, and
Total Pages: 377
Release: 2018-11-02
Genre: Law
ISBN: 0190922540

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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.


Sovereignty and the New Executive Authority

Sovereignty and the New Executive Authority
Author: Claire Finkelstein
Publisher: Oxford University Press
Total Pages: 450
Release: 2018-10-05
Genre: Law
ISBN: 0190922567

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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.


International Law and New Wars

International Law and New Wars
Author: Christine Chinkin
Publisher: Cambridge University Press
Total Pages: 611
Release: 2017-04-27
Genre: History
ISBN: 1107171210

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Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.


Sovereignty Or Subordination

Sovereignty Or Subordination
Author: Jonathan Dailey
Publisher:
Total Pages: 180
Release: 1991
Genre: Executive power
ISBN:

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The Sovereignty Wars

The Sovereignty Wars
Author: Stewart M. Patrick
Publisher: Brookings Institution Press
Total Pages: 356
Release: 2017-10-31
Genre: Political Science
ISBN: 0815731604

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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.


People power

People power
Author: Robert G. Ingram
Publisher: Manchester University Press
Total Pages: 412
Release: 2022-07-19
Genre: Political Science
ISBN: 1526165635

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People power explores the history of the theory and practice of popular power. Western thinking about politics has two fundamental features: 1) popular power in practice is problematic and 2) nothing confers political legitimacy except popular sovereignty. This book explains how we got to our current default position, in which rule of, for and by the people is simultaneously a practical problem and a received truth of politics. The book asks readers to think about how appreciating that history shapes the way we think about the people’s power in the present. Drawn from the disciplines of history and political theory, the contributors to this volume engage in a mutually informing conversation about popular power. They conclude that the problems that first gave rise to popular sovereignty remain simultaneously compelling, unresolved and worthy of further attention.


The Sleeping Sovereign

The Sleeping Sovereign
Author: Richard Tuck
Publisher: Cambridge University Press
Total Pages: 300
Release: 2016-02-15
Genre: Political Science
ISBN: 1316425509

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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.


Our Republican Constitution

Our Republican Constitution
Author: Randy E. Barnett
Publisher: HarperCollins
Total Pages: 226
Release: 2016-04-19
Genre: Political Science
ISBN: 0062412302

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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.


International Authority and the Responsibility to Protect

International Authority and the Responsibility to Protect
Author: Anne Orford
Publisher: Cambridge University Press
Total Pages: 247
Release: 2011-01-20
Genre: Law
ISBN: 1139494244

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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.