基本説明
Includes contributions from international law, legal philosophy, legal history, political theory, international relations and theology.
Full Description
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent,and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined.
The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.
Contents
Part A — Disciplinary perspectives
1. Late Sovereignty in the European Union
Neil Walker
2. Sovereignty: Unpopular and Popular
Bert Van Roermund
3. Ten Tenets of Sovereignty
Martin Loughlin
4. Sovereignty and Representation in the European Union
Hans Lindahl
5. Sovereignty and Constitutionalism in International Law
Bardo Fassbender
6. From State Sovereignty to the 'Sovereignty of Citizens' in the International Relations of the EU?
Ernst-Ulrich Petersmann
7. Sovereignty, Post-Sovereignty and Pre-Sovereignty: Three Models of the State, Democracy and Rights within the EU
Richard Bellamy
8. Sovereignty and Plurinational Democracy: Problems in Political Science
Michael Keating
9. Discussing Sovereignty and Transnational Politics
Jef Huysmans
10.'Que les Latins appellent maiestatem' An exploration into the theological background of the concept of sovereignty
Govert Buijs
Part B — Constitutional Perspectives I: The View from the States
11. Sovereignty in France: Getting Rid of the Mal de Bodin
Jacques Ziller
12. Sovereignty Uber Alles: (Re)Configuring the German Legal Order
Miriam Aziz
13. The Legacy of Sovereignty in the Italian Constitutional Debate
Marta Cartabia
14. United Kingdom, Divided on Sovereignty?
Kenneth Armstrong
15. Do Not Mention the Word: Sovereignty in two Europhile Countries—Belgium and The Netherlands
Bruno de Witte
16. State Sovereignty and European Integration: A Study in Public International Law, EU Law and Polish Constitutional Law
Cesary Mik
17. Postmodern versus Retrospective Sovereignty? Two Different Discourses in the EU and the Candidate Countries?
Anneli Albi
18. The Debate About Sovereignty in the United States: a Historical and Comparative Perspective
Jeff Goldsworthy
Part C — Constitutional Perspectives II: The View from Europe
19. Sovereignty and the Supremacy Doctrine of the European Court of Justice
Gráinne de Búrca
20. Sovereignty at the Boundaries of the Polity
Jo Shaw
21. Contrapunctual Law: Europe's Constitutional Pluralism in Action
Miguel Poiares Maduro
