Sovereignty: The Battle for the Hearts and Minds of Men
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It follows therefore that legal and political sovereignty, even though they are conceptually distinct and can exist separately in some cases, are not logically separable in the long run. This also implies that when they are both granted, neither of them can be given priority over the other. This does not, however, imply that they should be regarded as identical as on a Kelsenian model; they have a conceptually distinct nature and content. There is, in other words, an imperfect logical relationship between the two forms of sovereignty. Where then does this indivisible sovereignty lie? Tombs rejects the notion that it belongs with the elected parliament in Westminster. He also disputes the right of the supreme court to find illegal Boris Johnson’s attempt to prorogue that parliament in 2019. So, sovereignty can lie only with the people and can be expressed only by their vote in a referendum. Interestingly, one of the main challenges to the legitimacy of international law is that it allegedly fails to respect the sovereignty of States, intruding upon domains in which they should be free to make their own decisions. Sovereign States are the primary subjects to binding international norms. State sovereignty is often understood in international law as a competence, immunity, or power, and in particular as the power to make autonomous choices (so-called sovereign autonomy). And most duties stemming from international legal norms directly constrain the action of States. The legitimate authority of international law is as a result often opposed to State sovereignty the way the legitimate authority of domestic law is opposed to individual autonomy.
Sovereignty and Policy - 1st Edition - Maggie Indigenous Data Sovereignty and Policy - 1st Edition - Maggie
The final touch had now been made to the modern concept of sovereignty. The idea of limited sovereignty that finds its source in its own laws had appeared for the first time. True, the limited dimension of sovereignty had been propounded before, among some early modern philosophers writing in the early 17 th century. This is the case for instance in the work of Hugo Grotius, Alberico Gentili, and Francisco Suarez, who defended the possibility, albeit limited, of disciplinary interventions by other sovereign States.
The contradictions multiply. Tombs is deeply committed to the two central and intertwined propositions that have propelled Britain towards its deeply uncertain fate as a semi-detached adjunct to that continent. The first is that sovereignty is an absolute concept; it “can be given up, but not shared”. The second is that “there was only one meaningful Brexit, which was to leave the Single Market, the Customs Union and the jurisdiction of the European Court of Justice”. This book examines how Indigenous Peoples around the world are demanding greater data sovereignty, and challenging the ways in which governments have historically used Indigenous data to develop policies and programs. Chapter 5: Indigenous Data and Policy in Aotearoa New Zealand, Andrew Sporle, Maui Hudson and Kiri West
The Right of Sovereignty - Daniel Lee - Oxford University Press
In this 15 CATS second-year module we will explore sovereign claim-making in practice from the Congress of Vienna to the United Nations. We will look at a range of primary sources which familiarise students with the individual actors who made sovereign claims in the nineteenth and twentieth centuries, their methods for doing so, and the effects of changing sovereignty. For students interested in institutions such as the League of Nations and United Nations, there will be plenty of material on these topics, and opportunities to engage in their archival holdings. A hundred years after Bodin, the English author Thomas Hobbes recast the idea of sovereign authority with his Leviathan. The acceptance of human rights and minority rights, the increasing role of international financial institutions, and globalization have led many observers to question the continued viability of the sovereign state. Here a leading expert challenges this conclusion. Stephen Krasner contends that states have never been as sovereign as some have supposed. Throughout history, rulers have been motivated by a desire to stay in power, not by some abstract adherence to international principles. Organized hypocrisy--the presence of longstanding norms that are frequently violated--has been an enduring attribute of international relations.This development explains, for instance, why it is wrong to oppose sovereignty to human rights in the second part of the 20 th century; without sovereignty, many human rights-related developments, such as decolonization, would not have taken place and without the role human rights played in their creation, many of today’s sovereign States would not exist. Of course, this is not to say that sovereignty cannot be in tension with human rights. However, when it is, the tensions are reminiscent of those between popular sovereignty and human rights in the domestic context and ought actually to be resolved in the domestic context. My only critique in this category is that some sections felt repetitive, only worded slightly different. In addition, there were two spelling errors! Ughh. Have a book that you’d like for me to read? Be sure to comment down below and read and review it so long as it has to do with mental strength or success.