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Author: Martin Ostwald
Publisher: Univ of California Press
ISBN: 0520909682
Category : History
Languages : en
Pages : 687
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Book Description
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Author: Martin Ostwald
Publisher: Univ of California Press
ISBN: 0520909682
Category : History
Languages : en
Pages : 687
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Book Description
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Author: Martin Ostwald
Publisher: Univ of California Press
ISBN: 0520067983
Category : History
Languages : en
Pages : 687
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Book Description
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
Author: Peter C. Caldwell
Publisher: Duke University Press
ISBN: 9780822319887
Category : History
Languages : en
Pages : 324
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Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author: Richard Bourke
Publisher: Cambridge University Press
ISBN: 1107130409
Category : History
Languages : en
Pages : 421
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Book Description
The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.
Author: Daniel Lee
Publisher: Oxford University Press
ISBN: 0191062456
Category : Law
Languages : en
Pages : 375
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Book Description
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Author: Filimon Peonidis
Publisher: Lexington Books
ISBN: 073917939X
Category : Political Science
Languages : en
Pages : 125
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Book Description
Although democracy is in principle associated with popular rule, in practice it is best described as rule by elected elites. This form of government is not only wanting from a theoretical point of view, but it also no longer seems to meet the expectations of large segments of the citizenry. This book offers a blueprint for an alternative democratic model, democracy as popular sovereignty. Starting with the idea that the people, generously defined, are sovereign when they rule as equally valuable and fully participating members of a self-governing collectivity, this model tries to describe the constitutional and institutional arrangements necessary to achieve a workable version of this idea in advanced democratic states. This implies among other changes a greater dose of direct democracy, the use of sortition and a different conception of representation. The overall argument developed combines insights, facts, and findings from normative political theory, empirical political science, democracy’s long history as well as from the recent burgeoning literature on participatory and deliberative democracy.
Author: Thomas B. McAffee
Publisher: Bloomsbury Publishing USA
ISBN: 0313001103
Category : Law
Languages : en
Pages : 200
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Book Description
In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
Author: Daniel Lessard Levin
Publisher: State University of New York Press
ISBN: 1438410603
Category : Political Science
Languages : en
Pages : 300
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Book Description
Using the events of the Constitution's Bicentennial from 1987 to 1991 as a case study, Representing Popular Sovereignty explores the contradiction between the Constitution's importance as a political document and its weakness as a symbol in American popular culture.
Author: Bas Leijssenaar
Publisher: Cambridge University Press
ISBN: 1108483518
Category : History
Languages : en
Pages : 247
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Book Description
Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
Author: Edward James Kolla
Publisher: Cambridge University Press
ISBN: 1107179548
Category : History
Languages : en
Pages : 353
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Book Description
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.
