Constituent Power and the Legitimacy of International Organizations PDF Download
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Author: John G. Oates
Publisher: Routledge
ISBN: 1000028372
Category : Political Science
Languages : en
Pages : 242
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Book Description
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.
Author: John G. Oates
Publisher: Routledge
ISBN: 1000028372
Category : Political Science
Languages : en
Pages : 242
Get Book Here
Book Description
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.
Author: Martin Loughlin
Publisher:
ISBN:
Category : Constituent power
Languages : en
Pages : 375
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Book Description
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.
Author: Jean-Marc Coicaud
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 600
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Book Description
The end of the Cold War is only one in a series of events that have radically modified the operational environment of international organizations since their establishment. These changes, many of which have lately been discussed under the term "globalization," include: decolonization; growing awareness of the global nature of many economic, environmental, and public health problems; multiplication of non-governmental organizations; globalization of mass media and the market; rapid developments in the field of biotechnology; and the emergence of new information technologies, particularly the Internet. These developments suggest that the time has come to take a fresh look at the philosophy of international organization. The Legitimacy of International Organizations presents the results of an interdisciplinary research project of the Peace and Governance Programme of the United Nations University. The authors are prominent experts in the fields of social and political philosophy, law, political science, economics, and environmental studies.
Author: Guy Fiti Sinclair
Publisher: Oxford University Press
ISBN: 0198757964
Category : History
Languages : en
Pages : 369
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Book Description
This book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.
Author: Lucia Rubinelli
Publisher: Cambridge University Press
ISBN: 1108618553
Category : Political Science
Languages : en
Pages : 279
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Book Description
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.
Author: Joel I. Colón-Ríos
Publisher: Academic
ISBN: 0198785984
Category : Law
Languages : en
Pages : 353
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Book Description
Constituent power is the power to create new constitutions. Since it is frequently exercised during or after political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law and the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Since the 18th and 19th centuries, commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, and that the creation of new constitutions must take place through extra-legislative entities, such as primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order.Constitutional courts have employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have reverted to it to defend the legality of transforming the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to "the people in action", and these attempts have sometimes been sanctioned by courts. Building on these findings, Constituent Power and the Law argues that the exercise of constituent power, unlike sovereignty, should be understood as ultimately based on a popular mandate to produce a particular type of legal content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to the conditions arising from a constituent referendum.
Author: Markus Patberg
Publisher:
ISBN: 0198845219
Category : Law
Languages : en
Pages : 273
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Book Description
Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.
Author: Liesbet Hooghe
Publisher:
ISBN: 019876698X
Category : Law
Languages : en
Pages : 219
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Book Description
International organizations have come to play a central role in world politics. The authors present a major new attempt to explain the difference - and the similarities - between them, as well as their crucial role
Author: Jacob Katz Cogan
Publisher: Oxford University Press
ISBN: 0191652369
Category : Law
Languages : en
Pages : 1345
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Book Description
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Increasingly, individual citizens are directly affected by the work of international organizations. Aimed at academics, students, practitioners, and lawyers, this book gives a comprehensive overview of the world of international organizations today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. With essays by the leading scholars and practitioners, the book first considers the main international organizations and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of international organizations. The book then looks at the constituent parts and internal functioning of international organizations. This addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level. This book is essential reading for scholars, practitioners, and students alike.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052080
Category : Law
Languages : en
Pages : 284
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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
