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Reconstructing Sovereignty (Paperback, 1st ed. 2019)
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Reconstructing Sovereignty (Paperback, 1st ed. 2019)
Series: Law and Philosophy Library, 132
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The notion of sovereignty plays an important part in various areas
of law, such as constitutional law and international public law.
Though the concept of sovereignty as applied in constitutional law
differs from that used in international public law, there is no
true consensus on the meaning of "sovereignty" within these
respective fields, either. Is sovereignty about factual power, or
only about legal equality? Do only democracies have sovereignty,
because they have legitimacy, or is there no (necessary) connection
between democracy, legitimacy and sovereignty? Has the European
Union encroached upon the sovereignty of the Member States, or is
transferring competences to the European Union an expression and
exercise of the very sovereignty some claim is under attack? Is it
about states, or is it about peoples having a right to
self-determination, and if the latter, does this represent popular
sovereignty or something else? In order to answer these and related
questions, we need a clear grasp of what "sovereignty" means. This
book provides an analytical and conceptual framework for
"sovereignty" in the context of law. The book does not seek to
describe how the term "sovereignty" is used in the different
contexts and discourses in which it is employed, but rather
distinguishes between two possible meanings of sovereignty that
allow the reader to use the term with specificity and clarity. In
this way, this book hopes to offer valuable analytical tools for
politicians, constitutional and international lawyers (both
practitioners and academics) and legal theorists that help them be
clear about what they mean when they speak of "sovereignty."
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