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A Southern Lawyer: Fifty Years at the Bar
by Aubrey Lee BrooksThis is the story of fifty years of legal battles in North Carolina, as experienced by one of the most successful lawyers in the state. It conveys a story of strong local attachment, unwavering political faith, and long and successful service at the bar.Originally published in 1950.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Southwest Under Stress: National Resource Development Issues in a Regional Setting
by Allen V. Kneese F. Lee BrownSouthwest Under Stress examines the development-environment conflict in the four contiguous states of Arizona, Utah, Colorado, and New Mexico. It emphasizes three issues with implications that extend far beyond the Southwest: water---its quantity, quality, and allocation; environment---how and to what extent it should be preserved; and the future of Native American and other poverty-stricken peoples. Energy comes in for special attention because the Southwest is a principal repository of fossil and nuclear fuels. This book serves as a guide for public policy in the region, and many of the policy alternatives set out are aimed at state and local governments. Alleviating poverty, improving the lot of Native Americans, and formulating workable water, environmental, and natural resources development policies are all of special concern to the region, but the federal government has asserted a dominant role in may of these areas. The book discusses ways in which the federal role may change to improve both federal policy itself and cooperation with other levels of government.
The Southwest Under Stress: National Resource Development Issues in a Regional Setting
by Allen V. Kneese F. Lee BrownSouthwest Under Stress examines the development-environment conflict in the four contiguous states of Arizona, Utah, Colorado, and New Mexico. It emphasizes three issues with implications that extend far beyond the Southwest: water---its quantity, quality, and allocation; environment---how and to what extent it should be preserved; and the future of Native American and other poverty-stricken peoples. Energy comes in for special attention because the Southwest is a principal repository of fossil and nuclear fuels. This book serves as a guide for public policy in the region, and many of the policy alternatives set out are aimed at state and local governments. Alleviating poverty, improving the lot of Native Americans, and formulating workable water, environmental, and natural resources development policies are all of special concern to the region, but the federal government has asserted a dominant role in may of these areas. The book discusses ways in which the federal role may change to improve both federal policy itself and cooperation with other levels of government.
Souveräne Gleichheit und Dekolonialisierung: Der Kongo und die Vereinten Nationen
by Bent BöltenerIn diesem Buch werden die völkerrechtlichen Debatten um die Dekolonialisierung innerhalb der Vereinten Nationen und in der Völkerrechtswissenschaft in den fünfziger und sechziger Jahren des 20. Jahrhunderts anhand des Beispiels Kongo (heutige Demokratische Republik Kongo) aufgearbeitet. Hierbei wird die Geschichte des ressourcenreichen Landes mit der Völkerrechtsgeschichte der Dekolonialisierung verbunden. In den Vordergrund rückt dabei die sog. Dependenztheorie. Diese aus den sechziger und siebziger Jahren stammende Theorie, wonach aus dem Kolonialismus hervorgegangene hierarchische Abhängigkeitsstrukturen eine Entwicklung der neuerdings unabhängigen Entwicklungsländer auch in der postkolonialen Ära begrenzen, wurde im letzten Jahrzehnt in der Völkerrechtsgeschichte aus postkolonialer Perspektive wiederentdeckt. Das Buch zeigt auf, dass die Dependenztheorie als Erklärung für die weiterhin bestehenden vielschichtigen Probleme im Kongo relevant bleibt.
SOVEREIG & THE NEW EXECUT AUTHORITY C (Ethics, National Security, and the Rule of Law)
by Claire O. Finkelstein and Michael SkerkerThe idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.
Sovereign Credit Rating: Questionable Methodologies (Routledge Studies in Corporate Governance)
by Ahmed NaciriThe current degradation of sovereign balance sheets raises very real concerns about how sovereign creditworthiness is measured by credit rating agencies. Given the disastrous economic and social effects of any downgrade, the book offers an alternative and calls for more transparency about the quantitative measures used in calibrating the rating process and how sovereign ratings are validated. It argues that oversight is required and procedures improved, including subjecting methodologies of assessing default to more standardization and monitoring. Sovereign Credit Rating explains the process of sovereign creditworthiness assessment and explores the consequences of possible inaccuracies in the process. Developing an innovative new methodology to assess ratings accuracy, it shows that the announcement of each rating action by the major credit rating agencies show alarming inconsistencies. Written by an internationally recognized author and professor, this unique book will be of interest to researchers and advanced students in corporate governance, accounting, public finance and regulation.
Sovereign Credit Rating: Questionable Methodologies (Routledge Studies in Corporate Governance)
by Ahmed NaciriThe current degradation of sovereign balance sheets raises very real concerns about how sovereign creditworthiness is measured by credit rating agencies. Given the disastrous economic and social effects of any downgrade, the book offers an alternative and calls for more transparency about the quantitative measures used in calibrating the rating process and how sovereign ratings are validated. It argues that oversight is required and procedures improved, including subjecting methodologies of assessing default to more standardization and monitoring. Sovereign Credit Rating explains the process of sovereign creditworthiness assessment and explores the consequences of possible inaccuracies in the process. Developing an innovative new methodology to assess ratings accuracy, it shows that the announcement of each rating action by the major credit rating agencies show alarming inconsistencies. Written by an internationally recognized author and professor, this unique book will be of interest to researchers and advanced students in corporate governance, accounting, public finance and regulation.
Sovereign Debt: Genesis - Restructuring - Litigation
by Mauro MeglianiThis book provides a thorough legal analysis of sovereign indebtedness, examining four typologies of sovereign debt – bilateral debt, multilateral debt, syndicated debt and bonded debt – in relation to three crucial contexts: genesis, restructuring and litigation. Its treatise-style approach makes it possible to capture in a systematic manner a phenomenon characterized by high complexity and unclear boundaries. Though the analysis is mainly conducted on the basis of international law, the breadth of this topical subject has made it necessary to include other sources, such as private international law, domestic law and financial practice; moreover, references are made to international financial relations and international financial history so as to provide a more complete understanding. Although it follows the structure of a continental tractatus, the work strikes a balance between consideration of doctrinal and jurisprudential sources, making it a valuable reference work for scholars and practitioners alike.
Sovereign Debt and Human Rights
by Ilias Bantekas and Cephas LuminaSovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Sovereign Debt and Human Rights
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.
Sovereign Debt Management
Sovereign debt is a complex and highly topical area of law and this work represents a new main reference book on the subject bringing together contributions from world leading practitioners, scholars and regulators. Divided into five parts the book opens with a part on restructuring which analyses contractual provisions and the role of institutions such as the International Monetary Fund. The second part, on enforcement, considers the position of a sovereign as a defendant analyzing the availability of special immunities and matters of defense and arbitration pertinent to sovereign debt. Part three of the book is concerned with complicating factors such as economic, political or banking crises and how these relate and complicate the task of addressing an unsustainable sovereign debt stock. In this section the particular and topical issues concerned with restructuring in a monetary union are explained. The fourth part provides economists' explanations of why and how sovereigns borrow and the causes of a sovereign debt, which enriches understanding by providing context to the purely legal aspects of the work. The book closes with a section which covers proposed reform to sovereign debt systems. Dedicated to the leading expert Lee Buchheit, this work contains comprehensive and rigorous analysis on sovereign debt management which no specialist should be without.
Sovereign Debt Restructuring and the Law: The Holdout Creditor Problem in Argentina and Greece (Routledge Research in Finance and Banking Law)
by Sebastian GrundThe book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future cases of sovereign debt restructuring and litigation. It highlights the different approaches judges and arbitrators have adopted when dealing with holdout creditors, ranging from the denial of their contractual right to repayment on human rights grounds to leveraging the international financial infrastructure to coerce governments into meeting holdouts’ claims. To this end, it zooms into the role the governing law plays in sovereign debt restructurings, revisits the contemporary view on sovereign immunity from suit and enforcement in the international debt context, and examines how creditor rights are balanced with the sovereign’s interest in achieving debt sustainability. Finally, it advances a new genealogy of holdouts, distinguishing between official and private sector holdouts and discussing how the proliferation of new types of uncooperative creditors may affect the sovereign debt architecture going forward. While the book is aimed at practitioners and scholars dealing with sovereign debt and its restructuring, it should also provide the general reader with the understanding of the key legal issues facing countries in debt distress. Moreover, by weaving economic, financial, and political considerations into its analysis of holdout creditor litigation and arbitration, the book also speaks to policymakers without a legal background engaged in the field of international finance and economics.
Sovereign Debt Restructuring and the Law: The Holdout Creditor Problem in Argentina and Greece (Routledge Research in Finance and Banking Law)
by Sebastian GrundThe book sheds light on the perhaps most important legal conundrum in the context of sovereign debt restructuring: the holdout creditor problem. Absent an international bankruptcy regime for sovereigns, holdout creditors may delay or even thwart the efficient resolution of sovereign debt crises by leveraging contractual provisions and, in an increasing number of cases, by seeking to enforce a debt claim against the sovereign in courts or international tribunals. Following an introduction to sovereign debt and its restructuring, the book provides the first comprehensive analysis of the holdout creditor problem in the context of the two largest sovereign debt restructuring operations in history: the Argentine restructurings of 2005 and 2010 and the 2012 Greek private sector involvement. By reviewing numerous lawsuits and arbitral proceedings initiated against Argentina and Greece across a dozen different jurisdictions, it distils the organizing principles for ongoing and future cases of sovereign debt restructuring and litigation. It highlights the different approaches judges and arbitrators have adopted when dealing with holdout creditors, ranging from the denial of their contractual right to repayment on human rights grounds to leveraging the international financial infrastructure to coerce governments into meeting holdouts’ claims. To this end, it zooms into the role the governing law plays in sovereign debt restructurings, revisits the contemporary view on sovereign immunity from suit and enforcement in the international debt context, and examines how creditor rights are balanced with the sovereign’s interest in achieving debt sustainability. Finally, it advances a new genealogy of holdouts, distinguishing between official and private sector holdouts and discussing how the proliferation of new types of uncooperative creditors may affect the sovereign debt architecture going forward. While the book is aimed at practitioners and scholars dealing with sovereign debt and its restructuring, it should also provide the general reader with the understanding of the key legal issues facing countries in debt distress. Moreover, by weaving economic, financial, and political considerations into its analysis of holdout creditor litigation and arbitration, the book also speaks to policymakers without a legal background engaged in the field of international finance and economics.
Sovereign Debt Sustainability: Multilateral Debt Treatment and the Credit Rating Impasse (Routledge International Studies in Money and Banking)
by Daniel CashIn 2020, the G20 proposed a solution for the debt-related issues affecting the world’s poorest countries due to the COVID-19 pandemic. However, their initiatives have failed to meet their objectives. The author argues that the reason for this failure is the inability to bring sovereign countries to the table to re-negotiate their debt agreements with private creditors as they fear credit rating agencies and the prospect of a downgrade. The author refers to this as the ‘credit rating impasse’. This book proposes a novel solution. The author asserts that there is a need in the literature to unpick the dynamic that exists and creates that impasse, namely the pressures that exist between sovereign states, private creditors, credit rating agencies, and the geo-political backdrop that is massively influential in the dynamic, that is, the adversarial relationship between China and the US. This book addresses the recent history of debt treatment for poorer countries and related successes and failures: COVID-19-related issues and the development of the Debt Service Suspension Initiative and the Common Framework for Debt Treatment. This book examines the reasons for their failure by analysing the positions of the sovereign states, the division between private and official creditors and between multilateral institutions such as the IMF and the World Bank, credit rating agencies, and the competing political entities of China and the US. It presents a wider picture of the systemic underpinnings to such debt-related issues and, when examined through a geo-political perspective, the subsequent chances of future debt treatment-related successes.
Sovereign Debt Sustainability: Multilateral Debt Treatment and the Credit Rating Impasse (Routledge International Studies in Money and Banking)
by Daniel CashIn 2020, the G20 proposed a solution for the debt-related issues affecting the world’s poorest countries due to the COVID-19 pandemic. However, their initiatives have failed to meet their objectives. The author argues that the reason for this failure is the inability to bring sovereign countries to the table to re-negotiate their debt agreements with private creditors as they fear credit rating agencies and the prospect of a downgrade. The author refers to this as the ‘credit rating impasse’. This book proposes a novel solution. The author asserts that there is a need in the literature to unpick the dynamic that exists and creates that impasse, namely the pressures that exist between sovereign states, private creditors, credit rating agencies, and the geo-political backdrop that is massively influential in the dynamic, that is, the adversarial relationship between China and the US. This book addresses the recent history of debt treatment for poorer countries and related successes and failures: COVID-19-related issues and the development of the Debt Service Suspension Initiative and the Common Framework for Debt Treatment. This book examines the reasons for their failure by analysing the positions of the sovereign states, the division between private and official creditors and between multilateral institutions such as the IMF and the World Bank, credit rating agencies, and the competing political entities of China and the US. It presents a wider picture of the systemic underpinnings to such debt-related issues and, when examined through a geo-political perspective, the subsequent chances of future debt treatment-related successes.
Sovereign Defaults Before Domestic Courts (Oxford Private International Law Series)
by Hayk KupelyantsIn this new book, Hayk Kupelyants examines sovereign debt litigation before the English and New York courts. The book sets out parties' litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the state and its assets in the post-judgment phase. This is a systematic explanation and critical evaluation of a difficult area of law, with regard to the current state of the law and key provisions of sovereign bond documents.
Sovereign Defaults Before Domestic Courts (Oxford Private International Law Series)
by Hayk KupelyantsIn this new book, Hayk Kupelyants examines sovereign debt litigation before the English and New York courts. The book sets out parties' litigation choices at various stages of proceedings and provides the legal background against which parties to a sovereign bond may wish to negotiate. The book offers an exhaustive account of litigation tactics available to bondholders and sovereign debtors alike. The book is unique in the breadth of its coverage. It examines issues of jurisdiction and choice of law at the preliminary stages of litigation, substantive challenges of various sorts to sovereign debt restructurings and to the repayment of bonds on merits, and enforcement of final judgments against the state and its assets in the post-judgment phase. This is a systematic explanation and critical evaluation of a difficult area of law, with regard to the current state of the law and key provisions of sovereign bond documents.
Sovereign Excess, Legitimacy and Resistance
by Francescomaria TedescoWhen talking about his film Salò, Pasolini claimed that nothing is more anarchic than power, because power does whatever it wants, and what power wants is totally arbitrary. And yet, upon examining the murderous capital of modern sovereignty, the fragility emerges of a power whose existence depends on its victims’ recognition. Like a prayer from God, the command implores to be loved, also by those whom it puts to death. Benefitting from this "political theurgy" as the book calls it (the idea that a power, like God, claiming to be full of glory, constantly needs to be glorified) is Barnardine, the Bohemian murderer in Shakespeare’s Measure for Measure, as he, called upon by power to the gallows, answers with a curse: ‘a pox o’ your throats’. He does not want to die, nor, indeed, will he. And so, he becomes sovereign. On a level with and against the State.
Sovereign Excess, Legitimacy and Resistance
by Francescomaria TedescoWhen talking about his film Salò, Pasolini claimed that nothing is more anarchic than power, because power does whatever it wants, and what power wants is totally arbitrary. And yet, upon examining the murderous capital of modern sovereignty, the fragility emerges of a power whose existence depends on its victims’ recognition. Like a prayer from God, the command implores to be loved, also by those whom it puts to death. Benefitting from this "political theurgy" as the book calls it (the idea that a power, like God, claiming to be full of glory, constantly needs to be glorified) is Barnardine, the Bohemian murderer in Shakespeare’s Measure for Measure, as he, called upon by power to the gallows, answers with a curse: ‘a pox o’ your throats’. He does not want to die, nor, indeed, will he. And so, he becomes sovereign. On a level with and against the State.
Sovereign Immunity Under Pressure: Norms, Values and Interests
by Geir Ulfstein Régis Bismuth Vera Rusinova Vladislav StarzhenetskiyThis book offers a critical analysis of current challenges and developments of the State immunity regime through three dimensions: it looks at State immunity from a comparative perspective; it discusses the major trends relating to the interplay between State immunity and the protection of human rights as well as counter-terrorism; and it examines the relationship between State immunity and the financial obligations of States. Part I, Sovereign Immunity from a Comparative Perspective: Weak v. Strong Immunity Regimes, deals with the diversity of existing regimes of State immunity at the national level. This part aims to explore different approaches of particular states to sovereign immunity and their general attitude to international law, and attempts to understand why some States favour a weaker State immunity regime by multiplying exceptions or interpreting them broadly, while others continuously support a stronger one and sometimes rely on the doctrine of absolute immunity. Part II, International Customary Law of Sovereign Immunity, Human Rights and Counter-Terrorism, highlights how human rights and counter-terrorism have shaped the law and practice of sovereign immunity. This part specifically discusses the role of national legislators and judges in the development of international law, emerging conflicts between national constitutional norms and the rules of international law concerning State immunity and human rights, and possible ways of their reconciliation. Part III, Sovereign Immunity of States and their Financial Obligations, contributes to on-going debates related to the mixed and complex nature of States’ financial obligations. In this part, authors elaborate on perceptions of the underlying public-private law divide, cross influences in public and private international law and their consequences for State immunity, as well as recent trends relating to immunity from execution.
Sovereign Virtue: The Theory and Practice of Equality
by Ronald DworkinEquality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In Sovereign Virtue Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation’s wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles—first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life—to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.
Sovereign Wealth Funds, Local Content Policies and CSR: Developments in the Extractives Sector (CSR, Sustainability, Ethics & Governance)
by Eduardo G. Pereira Rochelle Spencer Jonathon W. MosesThis book explores three particular strategies in the extractives sector for creating shared wealth, increased labour opportunities and positive social, environmental and economic outcomes from corporate projects, namely: state wealth funds (SWF), local content policies (LCP) and corporate social responsibility (CSR) practices. Collectively, the chapters explore the associated experiences and challenges in different parts of the world with the view to inform equitable and sustainable development for the communities living adjacent to extractives sites and the wider society and environment. Examples of LCPs, SWFs and CSR practices from 12 jurisdictions with diverse experiences offer usefull insights. The book illuminates challenges and opportunities for sustainable development outcomes of the extractives sector. It reflects the need to take on board the lessons of these global experiences in order to improve outcomes for poverty reduction, inequality reduction and sustainable development.
Sovereignty: A Contribution to the Theory of Public and International Law (The History and Theory of International Law)
by Hermann HellerHermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Sovereignty: A Contribution to the Theory of Public and International Law (The History and Theory of International Law)
by Hermann HellerHermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Sovereignty Across Generations: Constituent Power and Political Liberalism
by Alessandro FerraraEvery cohort of voters may dream of being 'the people' under the sway of serial visions of sovereignty; or understand itself, more modestly, as co-author of a constitutional project in a cross-generational sequence rooted in the past and extending into the future. Sovereignty Across Generations offers a theory of democratic sovereignty and constituent power grounded in John Rawls's political liberalism. Neither exegetic nor abstractly analytic, this book assumes that 'political liberalism' is broader than Political Liberalism. In answering the question 'How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable religious, philosophical, and moral doctrines?', the paradigm implicit in Political Liberalism enables us to address facets of that question that Rawls sidelined in the context of his time. Following populist threats to democracy, which were still latent in 1993, this book responds to the urgency of clarifying the proper relation of 'the people' (as transgenerational author of the constitution) to its pro-tempore living segment in its capacity as electorate and as co-author of the constitution. An explanation of that relation brings 'constituent power' into the picture and unfolds in seven steps that form the conceptual backbone of this book. By taking new steps in updating and revisiting political liberalism, this book reconstructs Rawls's implicit view of constituent power beyond the pages dedicated to it in Political Liberalism and brings that view into conversation with major constitutional theories of the twentieth century. This book is a must read for all those interested in the fields of politics, philosophy, and constitutional law.