Author: Daniel W. Hamilton
Publisher: ReadHowYouWant.com
ISBN: 1459606248
Category : Law
Languages : en
Pages : 426
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Book Description
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
Author: William Davies
Publisher: SAGE
ISBN: 152641161X
Category : Social Science
Languages : en
Pages : 249
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Book Description
"Brilliant...explains how the rhetoric of competition has invaded almost every domain of our existence.” —Evgeny Morozov, author of "To Save Everything, Click Here" “In this fascinating book Davies inverts the conventional neoliberal practice of treating politics as if it were mere epiphenomenon of market theory, demonstrating that their version of economics is far better understood as the pursuit of politics by other means." —Professor Philip Mirowski, University of Notre Dame "A sparkling, original, and provocative analysis of neoliberalism. It offers a distinctive account of the diverse, sometimes contradictory, conventions and justifications that lend authority to the extension of the spirit of competitiveness to all spheres of social life…This book breaks new ground, offers new modes of critique, and points to post-neoliberal futures.” —Professor Bob Jessop, University of Lancaster Since its intellectual inception in the 1930s and its political emergence in the 1970s, neo-liberalism has sought to disenchant politics by replacing it with economics. This agenda-setting text examines the efforts and failures of economic experts to make government and public life amenable to measurement, and to re-model society and state in terms of competition. In particular, it explores the practical use of economic techniques and conventions by policy-makers, politicians, regulators and judges and how these practices are being adapted to the perceived failings of the neoliberal model. By picking apart the defining contradiction that arises from the conflation of economics and politics, this book asks: to what extent can economics provide government legitimacy? Now with a new preface from the author and a foreword by Aditya Chakrabortty.
Author: N. W. Barber
Publisher: Oxford University Press
ISBN: 0192535684
Category : Law
Languages : en
Pages : 340
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Book Description
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.
Author: Kevin Bruyneel
Publisher: U of Minnesota Press
ISBN: 1452913501
Category : Political Science
Languages : en
Pages : 341
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Book Description
Introduction: Politics on the boundaries -- The U.S.-indigenous relationship : a struggle over colonial rule -- Resisting American domestication : the U.S. Civil War and the Cherokee struggle to be "still, a nation"--1871 and the turn to postcolonial time in U.S.-indigenous relations -- Indigenous politics and the "gift" of U.S. citizenship in the early twentieth century -- Between civil rights and decolonization : the claim for postcolonial nationhood -- Indigenous sovereignty versus colonial time at the turn of the twenty-first century -- Conclusion: The third space of sovereignty.
Author: Carmen E. Pavel
Publisher: Oxford University Press, USA
ISBN: 0199376344
Category : Law
Languages : en
Pages : 241
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Book Description
Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.
Author: Jens David Ohlin
Publisher: Cambridge University Press
ISBN: 1108861326
Category : Law
Languages : en
Pages : 233
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Book Description
Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.
Author: Don Herzog
Publisher: Yale University Press
ISBN: 0300252870
Category : Political Science
Languages : en
Pages : 316
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Book Description
Has the concept of sovereignty outlived its usefulness? Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we’ve gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at idiotic complaints about the League of Nations, and much more—Don Herzog charts both the political struggles that forged sovereignty and the ones that undid it. He argues that it’s no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It’s time, past time, to retire sovereignty.
Author: Joshua J. Kassner
Publisher: Springer
ISBN: 9783030735807
Category : Law
Languages : en
Pages : 0
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Book Description
This book offers a meditation on global justice and international political and legal theory. The author assesses positions in the current debate over the moral nature and limits of sovereignty. He also evaluates the normative role sovereignty ought to play in the practical deliberations of states. The discussion moves from theory to practice. Coverage starts with a conceptual analysis and moral critique. It then goes on to consider specific issues. These include global climate change, secession and self-determination, human rights, global distributive justice, and immigration. Readers will learn how states ought to deliberate about and respond to these important topics. They will also discover potential institutional structures better suited to resolving these issues while also respecting state sovereignty. In working through each specific challenge, the author provides insight into how we ought to think about challenges facing the international community and the potential for properly constructed institutions to function as solutions. These analyses also provide a valuable critical lens to assess the actions (and omissions) of our leaders. In the end, the book argues that domestic governments and regional bodies should be responsible for implementing the chosen course of action. This would provide a basis for holding political leaders more accountable.
Author: Diane Stone
Publisher: Oxford University Press
ISBN: 019107635X
Category : Political Science
Languages : en
Pages : 672
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Book Description
Global policy making is unfurling in distinctive ways above traditional nation-state policy processes. New practices of transnational administration are emerging inside international organizations but also alongside the trans-governmental networks of regulators and inside global public private partnerships. Mainstream policy and public administration studies have tended to analyse the capacity of public sector hierarchies to globalize national policies. By contrast, this Handbook investigates new public spaces of transnational policy-making, the design and delivery of global public goods and services, and the interdependent roles of transnational administrators who move between business bodies, government agencies, international organizations, and professional associations. This Handbook is novel in taking the concepts and theories of public administration and policy studies to get inside the black box of global governance. Transnational administration is a multi-actor and multi-scalar endeavour having manifestations, depending on the policy issue or problems, at the local, urban, sub-regional, sub-national, regional, national, supranational, supra-regional, transnational, international, and global scales. These scales of 'local' and 'global' are not neatly bounded and nested spaces but are articulated together in complex patterns of policy activity. These transnational patterns represent a reinvigoration of public administration and policy studies as the Handbook authors advance their analysis beyond the methodological nationalism of the nation-state.
Author: Benn Steil
Publisher: Yale University Press
ISBN: 0300156146
Category : Business & Economics
Languages : en
Pages : 301
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Book Description
Winner of the 2010 Hayek Book Prize given by the Manhattan Institute "Money, Markets and Sovereignty is a surprisingly easy read, given the complicated issues covered. In it, Mr. Steil and Mr. Hinds consistently challenge today's statist nostrums."—Doug Bandow, The Washington Times In this keenly argued book, Benn Steil and Manuel Hinds offer the most powerful defense of economic liberalism since F. A. Hayek published The Road to Serfdom more than sixty years ago. The authors present a fascinating intellectual history of monetary nationalism from the ancient world to the present and explore why, in its modern incarnation, it represents the single greatest threat to globalization. Steil and Hinds describe the current state of international economic relations as both unusual and precarious. Eras of economic protectionism have historically coincided with monetary nationalism, while eras of liberal trade have been accompanied by a universal monetary standard. But today, the authors show, an unprecedentedly liberal global trade regime operates side by side with the most extreme doctrine of monetary nationalism ever contrived—a situation bound to trigger periodic crises. Steil and Hinds call for a revival of the political and economic thinking that underlay earlier great periods of globalization, thinking that is increasingly under threat by more recent ideas about what sovereignty means.
