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Throughout the world, civil wars, secessionist struggles, wars of national liberation, and irredentist movements are producing casualties and refugees at a staggering rate. In an environment of international turmoil, traditional modes of inter-state diplomacy are often ineffective when political legitimacy and sovereignty, self-determination and te
This book focuses on sovereignty referendums, which have been used throughout different historical periods of democratization, decolonization, devolution, secession and state creation. Referendums on questions of sovereignty and self-determination have been a significant element of the international political and legal landscape since the French Revolution, and have been a central element in the resolution of territorial issues from the referendum in Avignon in 1791 until today. More recent examples include Quebec, East Timor, New Caledonia, Puerto Rico and South Sudan. The global aim of this book is to achieve a better empirical and legal understanding of sovereignty referendums and related problems in international and national law and politics. Accordingly, it presents readers a comprehensive study of sovereignty referendums from the perspectives of both international and constitutional law.
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
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.
This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Challenging the common assumption that models of direct democracy and representative democracy are necessarily at odds, Direct Democracy Worldwide demonstrates how practices of direct and representative democracy interact under different institutional settings and uncovers the conditions that allow them to coexist in a mutually reinforcing manner. Whereas citizen-initiated mechanisms of direct democracy can spur productive relationships between citizens and political parties, other mechanisms of direct democracy often help leaders bypass other representative institutions, undermining republican checks and balances. The book also demonstrates that the embrace of direct democracy is costly, may generate uncertainties and inconsistencies, and can be manipulated. Nonetheless, the promise of direct democracy should not be dismissed. Direct democracy is much more than a simple, pragmatic second choice when representative democracy seems not to be working as expected. Properly designed, it can empower citizens, breaking through some of the institutionalized barriers to accountability that arise in representative systems.
A timely and provocative challenge to the foundations of our global order: why should national borders be unchangeable? The inviolability of national borders is an unquestioned pillar of the post–World War II international order. Fixed borders are believed to encourage stability, promote pluralism, and discourage nationalism and intolerance. But do they? What if fixed borders create more problems than they solve, and what if permitting borders to change would create more stability and produce more just societies? Legal scholar Timothy Waters examines this possibility, showing how we arrived at a system of rigidly bordered states and how the real danger to peace is not the desire of people to form new states but the capacity of existing states to resist that desire, even with violence. He proposes a practical, democratically legitimate alternative: a right of secession. With crises ongoing in the United Kingdom, Spain, Ukraine, Iraq, Syria, Sudan, and many other regions, this reassessment of the foundations of our international order is more relevant than ever.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.