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Questioning Sovereignty: Law, State. and Nation in the European Commonwealth (Law, State, and Practical Reason) - Hardcover
This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states', about devolution and nationalism and the future of the British union.
"synopsis" may belong to another edition of this title.
About the Author:
The late Neil MacCormick, formerly Regius Professor Emeritus of Public Law and the Law of Nature and Nations in the University of Edinburgh
Review:
The late Neil MacCormick, formerly Regius Professor Emeritus of Public Law and the Law of Nature and Nations in the University of Edinburgh
`... mature and considered ...'
Scottish Affairs, No. 32, Summer 2000
`What MacCormick does is useful for political scientists in that he aptly attends to the detail of germane legal argument.'
Preston King, Political Studies, Vol.49, No.1,
`What is crucially probed throughout is the tenability and continuing relevance of the 'traditional' doctrine of sovereignty.'
Preston King, Political Studies, Vol.49, No.1,
`This is a colleciton of essays by one of the most eminent legal theorists at work in the UK today. He has a nimbleness and acuity which never fail to please and impress.'
Preston King, Political Studies, Vol.49, No.1,
`One disadvantage of independence for Scotland, were it to happen, would the the loss to us of Britain's most accomplished and versatile legal theorist, Neil MacCormick.'
Geoffrey Marshall, TLS, 24/3/00.
`ingenious and fairly presented arguments.'
Geoffrey Marshall, TLS, 24/3/00.
Scottish Affairs, No. 32, Summer 2000
`What MacCormick does is useful for political scientists in that he aptly attends to the detail of germane legal argument.'
Preston King, Political Studies, Vol.49, No.1,
`What is crucially probed throughout is the tenability and continuing relevance of the 'traditional' doctrine of sovereignty.'
Preston King, Political Studies, Vol.49, No.1,
`This is a colleciton of essays by one of the most eminent legal theorists at work in the UK today. He has a nimbleness and acuity which never fail to please and impress.'
Preston King, Political Studies, Vol.49, No.1,
`One disadvantage of independence for Scotland, were it to happen, would the the loss to us of Britain's most accomplished and versatile legal theorist, Neil MacCormick.'
Geoffrey Marshall, TLS, 24/3/00.
`ingenious and fairly presented arguments.'
Geoffrey Marshall, TLS, 24/3/00.
"About this title" may belong to another edition of this title.
- PublisherOxford University Press
- Publication date1999
- ISBN 10 0198268769
- ISBN 13 9780198268765
- BindingHardcover
- Edition number1
- Number of pages224
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Questioning Sovereignty: Law; State. and Nation in the European Commonwealth
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QUESTIONING SOVEREIGNTY: LAW, ST
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Questioning Sovereignty (Hardcover)
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Book Description Hardcover. Condition: new. Hardcover. This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states', about devolution and nationalism and the future of the British union. It applies the institutional theory of law to a general inquiry into the relations of law and state, and to the question of the character of a Rechtsstaat or state under the rule of law. This clears the ground for ahistorical/analytical review of the United Kingdom as union state, and of the Benthamite or Diceyan view of its constitution, grounded in the idea of sovereignty. Can that sovereignty survive diffusion ofpower within the British state? Or can it survive the development of the European Union and the supremacy in it of European Community law? Was there a revolution in 1972, when Parliament enacted the European Communities Act, or later, when the House of Lords held that subsequent Acts of Parliament should be 'disapplied' when they conflict with Community law? The potential for conflict between member state constitutions and European legal order is no less in other memberstates - Germany, France, Ireland and the others. Indeed the issue is perhaps whether in the long run constitutional conflicts are inevitable. This leads on into a consideration of pluralistic asagainst monistic accounts of legal order viewed as a whole, and finally to a review of the concept of sovereignty, and of the possibility that there really could be a new order of post-sovereign states within a non-sovereign confederal union in Europe. If so, what becomes of democracy, and how can the democratic deficit in Europe be redeemed? The existing constitution of the 'European Commonwealth' is reviewed critically as an example of a mixed constitution and anargument is proposed about the value or values attaching to democracy and to subsidiarity in this vast commonwealth. Connected to subsidiarity is the issue of contemporary politics of identity all overEurope and beyond. MacCormick puts forward a carefully argued case for a moderate and liberal form of nationalism that sets universal but non-absolute principles of self-determination. The case is finally pressed home in relation to the relations of Scotland to the other countries of the British Isles, and an argument put for the idea of mutual independence within a Council of the Isles and the European Union. This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the juridical character of the European Union in its relationship with the member states of the Union. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780198268765
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Questioning Sovereignty
Published by
Oxford University Press, USA
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ISBN 10: 0198268769
ISBN 13: 9780198268765
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Questioning Sovereignty: Law State and Nation in the European Commonwealth
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(1999)
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ISBN 13: 9780198268765
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Questioning Sovereignty (Hardcover)
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(1999)
ISBN 10: 0198268769
ISBN 13: 9780198268765
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Book Description Hardcover. Condition: new. Hardcover. This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states', about devolution and nationalism and the future of the British union. It applies the institutional theory of law to a general inquiry into the relations of law and state, and to the question of the character of a Rechtsstaat or state under the rule of law. This clears the ground for ahistorical/analytical review of the United Kingdom as union state, and of the Benthamite or Diceyan view of its constitution, grounded in the idea of sovereignty. Can that sovereignty survive diffusion ofpower within the British state? Or can it survive the development of the European Union and the supremacy in it of European Community law? Was there a revolution in 1972, when Parliament enacted the European Communities Act, or later, when the House of Lords held that subsequent Acts of Parliament should be 'disapplied' when they conflict with Community law? The potential for conflict between member state constitutions and European legal order is no less in other memberstates - Germany, France, Ireland and the others. Indeed the issue is perhaps whether in the long run constitutional conflicts are inevitable. This leads on into a consideration of pluralistic asagainst monistic accounts of legal order viewed as a whole, and finally to a review of the concept of sovereignty, and of the possibility that there really could be a new order of post-sovereign states within a non-sovereign confederal union in Europe. If so, what becomes of democracy, and how can the democratic deficit in Europe be redeemed? The existing constitution of the 'European Commonwealth' is reviewed critically as an example of a mixed constitution and anargument is proposed about the value or values attaching to democracy and to subsidiarity in this vast commonwealth. Connected to subsidiarity is the issue of contemporary politics of identity all overEurope and beyond. MacCormick puts forward a carefully argued case for a moderate and liberal form of nationalism that sets universal but non-absolute principles of self-determination. The case is finally pressed home in relation to the relations of Scotland to the other countries of the British Isles, and an argument put for the idea of mutual independence within a Council of the Isles and the European Union. This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the State, about the character of the UK as a state, and about the juridical character of the European Union in its relationship with the member states of the Union. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780198268765
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