Constituent Power Beyond the State

Constituent Power Beyond the State

Author: Geneviève Nootens

Publisher: Routledge

Published: 2021-12-30

Total Pages: 211

ISBN-13: 1000520854

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The concept of constituent power plays a major part in modern political and legal theory— in how we think about the political. This book tackles the twofold issue of public authority and public autonomy in the modern conception of the political by analysing the notion of constituent power, its function in the modern political apparatus, and debates about its meaning and function in our own context. Focusing on contemporary debates on constitutionalism "beyond" the state, Geneviève Nootens assesses the prospects for recasting the notion of constituent power in a polycentric setting that challenges state sovereignty as embodying the autonomy of the political. She argues that constituent power belongs with the conceptual apparatus of a theory of government peculiar to a statist way of knowing, and being into, the world, and that it is too much dependent upon the statist framework for it to have critical purchase on the new mappings of public authority. Nootens stresses the critical need to frame public authority appropriately if we are to conceptualize a conception of collective political agency that can sustain public autonomy in the current era. Constituent Power Beyond the State will be of interest to students and scholars of political theory, democratic theory, law, and constitutionalism.


Constituent Power

Constituent Power

Author: Lucia Rubinelli

Publisher: Cambridge University Press

Published: 2020-05-21

Total Pages: 279

ISBN-13: 1108618553

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From the French Revolution onwards, constituent power has been a key concept for thinking about the principle of popular power, and how it should be realised through the state and its institutions. Tracing the history of constituent power across five key moments - the French Revolution, nineteenth-century French politics, the Weimar Republic, post-WWII constitutionalism, and political philosophy in the 1960s - Lucia Rubinelli reconstructs and examines the history of the principle. She argues that, at any given time, constituent power offered an alternative understanding of the power of the people to those offered by ideas of sovereignty. Constituent Power: A History also examines how, in turn, these competing understandings of popular power resulted in different institutional structures and reflects on why contemporary political thought is so prone to conflating constituent power with sovereignty.


The Paradox of Constitutionalism

The Paradox of Constitutionalism

Author: Martin Loughlin

Publisher:

Published: 2007

Total Pages: 375

ISBN-13:

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In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.


Constituent Power and the Legitimacy of International Organizations

Constituent Power and the Legitimacy of International Organizations

Author: John G. Oates

Publisher: Routledge

Published: 2020-02-10

Total Pages: 242

ISBN-13: 1000028372

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This book develops a constitutional theory of international organization to explain the legitimation of supranational organizations. Supranational organizations play a key role in contemporary global governance, but recent events like Brexit and the threat by South Africa to withdraw from the International Criminal Court suggest that their legitimacy continues to generate contentious debates in many countries. Rethinking international organization as a constitutional problem, Oates argues that it is the representation of the constituent power of a constitutional order, that is, the collective subject in whose name authority is wielded, which explains the legitimation of supranational authority. Comparing the cases of the European Union, the World Trade Organization, and the International Criminal Court, Oates shows that the constitution of supranationalism is far from a functional response to the pressures of interdependence but a value-laden struggle to define the proper subject of global governance. The book will be of interest to students and scholars of international organization and those working in the broader fields of global governance and general International Relations theory. It should also be of interest to international legal scholars, particularly those focused on questions related to global constitutionalism.


Language, Democracy, and the Paradox of Constituent Power

Language, Democracy, and the Paradox of Constituent Power

Author: Catherine Frost

Publisher: Routledge

Published: 2021-04-19

Total Pages: 134

ISBN-13: 0429884737

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In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.


Insurgencies

Insurgencies

Author: Antonio Negri

Publisher: U of Minnesota Press

Published: 1999

Total Pages: 388

ISBN-13: 9780816622757

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Kan demokrati - folkets magt - realiseres. Forfatteren gennemgår dette på baggrund af den konflikt, der altid har været mellem den påtvungne magt og den valgte magt.


Agonistic Democracy

Agonistic Democracy

Author: Mark Wenman

Publisher: Cambridge University Press

Published: 2013-09-26

Total Pages: 353

ISBN-13: 1107003725

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A pioneering analysis of agonistic democracy, its history, central thinkers and contribution to contemporary political theory.


The Adventures of the Constituent Power

The Adventures of the Constituent Power

Author: Andrew Arato

Publisher: Cambridge University Press

Published: 2017-11-30

Total Pages: 483

ISBN-13: 1107126797

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This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.


Constituent Power and the Law

Constituent Power and the Law

Author: Joel I. Colon-Rios

Publisher:

Published: 2020

Total Pages: 353

ISBN-13: 0198785984

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This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.


Sovereignty in Action

Sovereignty in Action

Author: Bas Leijssenaar

Publisher: Cambridge University Press

Published: 2019-07-18

Total Pages: 247

ISBN-13: 1108483518

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Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.