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Author: İlker Gökhan Şen
Publisher: Springer
ISBN: 3319116479
Category : Law
Languages : en
Pages : 303
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Book Description
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.
Author: İlker Gökhan Şen
Publisher: Springer
ISBN: 3319116479
Category : Law
Languages : en
Pages : 303
Get Book Here
Book Description
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.
Author: Stephen Tierney
Publisher: OUP Oxford
ISBN: 0191629081
Category : Law
Languages : en
Pages : 352
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Book Description
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Author: Lker Gokhan En
Publisher:
ISBN: 9783319116488
Category :
Languages : en
Pages : 314
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Book Description
Author: Martin Belov
Publisher: Springer Nature
ISBN: 3030644022
Category : Political Science
Languages : en
Pages : 315
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Book Description
This book offers a broad perspective of revolutionary territorial politics by putting secession in the context of other forms of revolutionary territorial politics. This allows for a more complex and profound account of secession and offers the reader a conceptual approach to politics of revolutionary discontent with territorial status quo. Second, the book provides a multidiscoursive approach which combines the efforts of constitutional and comparative constitutional law scholars with international lawyers, EU lawyers and specialists in international relations. This allows for multifaceted and, in that regard, more adequate, balanced and rich analysis of secession and the other forms of revolutionary territorial politics.
Author: Ron Levy
Publisher: Oxford University Press
ISBN: 0198867034
Category : Law
Languages : en
Pages : 257
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Book Description
Peace referendums', which seek to manage conflict between warring groups, are increasingly common. Yet they remain erratic forces--liable as often to aggravate as to resolve tensions. This book argues that, despite their risks, referendums can play useful roles amid armed conflict. Drawing on a distinctive combination of the fields of deliberative democracy, constitutional theory and conflict studies, and relying on comparative examples (eg, from Algeria, Colombia, New Caledonia, Northern Ireland, Papua New Guinea, and South Africa), the book shows how peace referendums can fulfil their promise as genuine tools of conflict management.
Author: Moeckli, Daniel
Publisher: Edward Elgar Publishing
ISBN: 1800372809
Category : Law
Languages : en
Pages : 296
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Book Description
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Author: Michael Keating
Publisher: Springer
ISBN: 3319580744
Category : Political Science
Languages : en
Pages : 202
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Book Description
This book compares the constitutional politics in Canada and the United Kingdom – two complex, multilevel, plurinational states. While the former is federal and the latter a devolved state, the logic of both systems is similar: to combine unity with diversity. Both are facing similar challenges in a world marked by spatial rescaling, international interdependence and economic and social change. The contributors chart these challenges and the responses of the two countries, covering the meanings of federalism and devolution; the role of the courts; fiscal equalization; welfare; party politics; reform by popular referendum and citizen assemblies; and intergovernmental relations. The book will be of interest to students of federalism and multilevel government, state transformation territorial politics on both sides of the Atlantic.
Author: Maria Cahill
Publisher: Routledge
ISBN: 1000395634
Category : Law
Languages : en
Pages : 226
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Book Description
This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
Author: Jan Klabbers
Publisher: Oxford University Press
ISBN: 0199543429
Category : Law
Languages : en
Pages : 414
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Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union.This book asks whether we now see constitutionalization taking place also at the global level.The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas andof their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law-has some explanatory power, permits new insights and allows for new arguments.The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions.
Author: M. Mendelsohn
Publisher: Springer
ISBN: 1403900965
Category : Political Science
Languages : en
Pages : 292
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Book Description
As the referendum becomes a more regular component of decision making, it leaves few, if any, institutions, processes and values of democracy untouched. Political actors of all kinds - including political parties and interest groups - seek to use the referendum device to further their own objectives. The end result is a different kind of democracy than existed before. This book lays out the comparative research agenda on the impact of referendums on the practice of liberal democracy.
