Книги з теми "Constituent authority"
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1
New York (State). Metropolitan Transportation Authority. Office of the Inspector General. Review of MTA and constituent agency strategic long-term planning efforts. [New York]: Office of the Inspector General, Metropolitan Transportation Authority, 1985.
2
Rose, Jonathan. Six case studies of local participation in Kenya: Lessons from Local Authority Service Delivery Action Plan (LASDAP), the Constituency Development Fund (CDF), and Water Action Groups (WAGs). Nairobi, Kenya: World Bank, 2013.
3
Patberg, Markus. Constituent Power in the European Union. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198845218.001.0001.
Анотація:
The European Union (EU) has been through almost two decades of near-constant constitutional crisis. The failure of the Constitutional Treaty was followed in quick succession by the struggles about the Lisbon Treaty, the Eurozone emergency, Brexit, and, recently, Corona-crisis-induced conflicts about financial solidarity. Over the course of these events, it has become clear that the EU’s constitutional development largely evades popular control. At the same time, the EU faces increasing politicization from below. While Eurosceptic forces seek to ‘take back control’ at the national level, pro-European citizens challenge the role of the states as the ‘masters of the treaties’. They reclaim what—in their view—has been illegitimately withheld from them: the right to shape the EU polity. This book advances the argument that these developments prompt the need for a theory of constituent power in the EU. The reason why European integration eludes citizen control and meets with growing discontent is that it allows constituted powers to operate as de facto constituent powers. Starting from claims to founding authority articulated in public narratives, the book explores competing models of constituent power in the EU—regional cosmopolitanism, demoi-cracy, split popular sovereignty, and destituent power—revealing their respective strengths and weaknesses. Rationally reconstructing established democratic practices of EU constitutional politics, it develops a new theory of constituent power in the EU. Addressing questions of the adequate conceptualization, allocation, agency, and institutionalization of constituent power, the book opens up the prospect of a more democratic mode of European integration.
4
Zürn, Michael. Legitimation Problems. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819974.003.0004.
Анотація:
Political and epistemic authorities in the global governance system often restrain the freedom of constituent members and therefore need to be justified with reference to the impartial pursuit of a shared social purpose. An international authority must therefore develop a convincing legitimation narrative and display a sense of impartiality to be seen as legitimate. The thrust of the argument in this chapter is that the legitimacy of the global governance system is structurally precarious. Two legitimation problems can be identified: a technocratic bias in the justification of authority and the lack of impartiality in the exercise of authority. International institutions often have authority, but lack sufficient legitimacy beliefs.
5
Bernal, Angélica Maria. The Regenerative Founding. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190494223.003.0007.
Анотація:
This chapter locates a vision of democratic self-constitution beyond origins within Thomas Jefferson’s concept of a regenerative founding. It traces this alternate conception of founding to Jefferson’s writings while minister of France on the eve of the French Revolution, particularly those surrounding his 1789 letter to James Madison. It reevaluates the letter’s central question—“Whether one generation of men has a right to bind another”—and Jefferson’s answer: “that the earth belongs in usufruct to the living.” Constitutional scholarship has traditionally turned to this letter to find in it a critique of constitutionalism and an invitation to ongoing revolution. This chapter makes the case for a third interpretation that turns our attention to issues of originary authority, revolutionary founding, popular sovereignty, and constituent power, and argues that Jefferson provides a compelling argument against singularly binding origins and for ongoing constituent change within constitutional democracies.
6
Rasch, William. Carl Schmitt’s Defense of Democracy. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.32.
Анотація:
Carl Schmitt accommodated himself to the ascendency of democratic thinking in the post–World War I world of the 1920s. No sovereign authority, he argued, could fail to acknowledge “the people” as the constituent power of an established political order. Consequently, democracy and “the political” become synonymous in his Constitutional Theory (1928). To champion democracy, however, Schmitt emphasized the historical distinction between democracy, based on equality and homogeneity of the collective, and liberalism, which features the primacy of the private individual’s liberty. This chapter shows that key to understanding Schmitt’s defense of democracy against liberalism are his notions of representation, acclamation, and plebiscitary leadership, as well as a strong sense of the public persona of the citizen. The chapter argues that even though we shun his reading of democracy today, a full understanding of the liberal-democratic compromise that we now call democracy benefits from a close reading of Schmitt.
7
Simon, Gleeson, and Guynn Randall. Part IV The UK Resolution Regime, 12 United Kingdom—General Approach. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199698011.003.0012.
Анотація:
This chapter explains how the UK bank resolution is managed, as the United Kingdom is unusual amongst EU countries in a number of ways as regards resolution. In particular, the UK authorities have set out in their approach documents a detailed plan as to how resolution powers might be used in different circumstances, and these plans are described and analysed. The basis of the approach is the division of bank resolutions into three phases: the stabilization phase, in which the provision of critical economic functions is assured, either through transfer to a solvent third party or through bail-in to recapitalize the failed firm; the restructuring phase, during which any necessary changes are made to the structure and business model of the whole firm or its constituent parts to address the causes of failure; and the exit from resolution, where the involvement of the resolution authority in the failed firm and any successor firms comes to a close. The chapter also considers the special regimes—the bank insolvency regime, the bank administration regime, and the investment firm special administration regime.
8
Oklopcic, Zoran. Beyond the People. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198799092.001.0001.
Анотація:
Who is ‘the people’? How does it exercise its power? When is the people entitled to exercise its rights? From where does that people derive its authority? What is the meaning of its self-government in a democratic constitutional order? For the most part, scholars approach these questions from their disciplinary perspectives, with the help of canonical texts, and in the context of ongoing theoretical debates. Beyond the People is a systematic and comprehensive, yet less disciplinarily disciplined study that confronts the same questions, texts, and debates in a new way. Its point of departure is simple and intuitive. A sovereign people is the work of a theoretical imagination, always shaped by the assumptions, aspirations, and anticipations of a particular theorist-imaginer. To look beyond the people is to confront them directly, by exploring the ways in which theorists script, stage, choreograph, record, and otherwise evoke the scenes, actors, actions, and events that permit us to speak intelligibly—and often enthusiastically—about the ideals of popular sovereignty, self-determination, constituent power, ultimate authority, sovereign equality, and collective self-government. What awaits beyond these ideals is a new set of images, and a different way to understand the perennial Who? What? Where? When? and How? questions—not as the suggestions about how best to understand these concepts, but rather as the oblique and increasingly costly ways of not asking the one we probably should: What, more specifically, do we need them for?
9
Gibson, James L., and Michael J. Nelson. The Legal System and Its African American Constituents. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865214.003.0001.
Анотація:
Despite popular reports that the legal system is in a state of crisis with respect to its African American constituents, research on black public opinion in general is limited owing to the difficulty and expense of assembling representative samples of minorities. We suspect that the story of lagging legal legitimacy among African Americans is in fact quite a bit more nuanced than is often portrayed. In particular, black public opinion is unlikely to be uniform and homogeneous; black people most likely vary in their attitudes toward law and legal institutions. Especially significant is variability in the experiences—personal and vicarious—black people have had with legal authorities (e.g., “stop-and-frisk”), and the nature of individuals’ attachment to blacks as a group (e.g., “linked fate”). We posit that both experiences and in-group identities are commanding because they influence the ways in which black people process information, and in particular, the ways in which blacks react to the symbols of legal authority (e.g., judges’ robes).
10
Tierney, Stephen. The Federal Contract. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780198806745.001.0001.
Анотація:
Abstract Federalism is a very familiar form of government, deployed by constitution-makers to manage diverse polities at various key stages in the history of the modern state. Despite its pervasiveness in practice, federalism has been strangely neglected by constitutional theory, tending to be subsumed within one default account of modern constitutionalism or treated as an exotic outlier—a sui generis model of the state rather than a form of constitutional ordering for the state. This neglect is both unsatisfactory in conceptual terms and problematic for constitutional practitioners, obscuring the core meaning, purpose, and applicability of federalism as a specific model of constitutionalism with which to organise territorially pluralised and demotically complex states. In fact, the federal contract represents a highly distinctive order of rule which requires a particular, ‘territorialised’ approach to core constitutional concepts: constituent power, the nature of sovereignty, subjecthood and citizenship, the relationship between institutions and constitutional authority, patterns of constitutional change, and ultimately the legitimacy link between constitutionalism and democracy. In rethinking the idea and practice of federalism, this book adopts a root and branch recalibration of the federal contract. It does so by analysing federalism through the conceptual categories which characterise the nature of modern constitutionalism: Foundations, Authority, Subjecthood, Purpose, Design, and Dynamics. This approach seeks to explain and in so doing revitalise federalism as a discrete, capacious, and adaptable concept of rule that can be deployed imaginatively to facilitate the deep territorial variety of so many states in the twenty-first century.
11
Jacob, Katz Cogan, Hurd Ian, and Johnstone Ian, eds. The Oxford Handbook of International Organizations. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199672202.001.0001.
Анотація:
Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations (IOs) in almost everything they do. Increasingly, individual citizens are directly affected by the work of IOs. This book gives an overview of the world of IOs today. It emphasizes both the practical aspects of their organization and operation, and the conceptual issues that arise at the junctures between nation-states and international authority, and between law and politics. While the focus is on inter-governmental organizations, the book also encompasses non-governmental organizations and public policy networks. The book first considers the main IOs and the kinds of problems they address. This includes chapters on the organizations that relate to trade, humanitarian aid, peace operations, and more, as well as chapters on the history of IOs. The book then looks at the constituent parts and internal functioning of IOs. The text also addresses the internal management of the organization, and includes chapters on the distribution of decision-making power within the organizations, the structure of their assemblies, the role of Secretaries-General and other heads, budgets and finance, and other elements of complex bureaucracies at the international level.
12
Solihull Health Authority: Populations : a volume of resource-data on the official estimates and projections issued by the Office of Population Censuses and Surveys (O.P.C.S.), covering the period from 1971 to 2015 A.D., with additional maps of Solihull, and its relationship to West Midlands R.H.A. and its constituent health districts. Solihull: Solihull Health Authority, 1991.
13
McSweeney, Thomas J. Priests of the Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198845454.001.0001.
Анотація:
Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals: the group of justices who wrote the celebrated treatise known as Bracton. It offers a new interpretation of Bracton and its authors. Bracton was not so much an attempt to explain or reform the early common law as it was an attempt to establish the status and authority of the king’s justices. The justices who wrote it were some of the first people to work full-time in England’s royal courts, at a time when they had no obvious model for the legal professional. They found one in an unexpected place: the Roman-law tradition that was sweeping across Europe in the thirteenth century. They modeled themselves on the jurists of Roman law who were teaching in Italy and France. In Bracton and other texts they produced, the justices of the royal courts worked hard to establish that the nascent common-law tradition was just one constituent part of the Roman-law tradition. Through their writing, this small group of people, working in the courts of an island realm, imagined themselves to be part of a broader European legal culture. They made the case that they were not merely servants of the king. They were priests of the law.
14
Bernal, Angélica Maria. The Promise and Perils of Presidential Refounding in Latin America. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190494223.003.0006.
Анотація:
This chapter examines the politics of presidential refounding in Latin America. While the rise of Venezuela’s Hugo Chávez, Bolivia’s Evo Morales, and Ecuador’s Rafael Correa appeared to herald the return of radical populism in Latin America, what remained less examined is the wave of refoundational constitution making that these leaders set into motion. Shifting the lens of analysis from populism to refoundational constitution making, the chapter engages with the issue of how we can determine the democratic legitimacy of refoundational claims and constituent processes set into motion by these presidents, given their complex roles as key agents of refounding while also simultaneously appealing to “the people” and invoking participatory constitution making to authorize and enact such constituent change.
15
Gibson, James L., and Michael J. Nelson. Symbols of Justice or of Social Control? Legal Authority and the Views of African Americans. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190865214.003.0005.
Анотація:
Extant research has established that black and white Americans hold vastly different explicit attitudes about law, justice, and the legal system. What has not been established, however, is whether implicit attitudes—such as the networks of considerations that are activated by the symbols of legal authority—differ between blacks and whites. Earlier research has shown that exposure to the symbols of authority can have legitimacy-enhancing consequences, increasing the likelihood that an unwelcomed court decision will be accepted. Given the negative experiences many African Americans have with legal authorities—and clear evidence that blacks learn vicariously from the experiences of their co-ethnics—it seems unlikely that the finding from earlier research that law is viewed as just and benevolent is widely shared in the black community. Instead, we hypothesize, legal symbols are likely to stimulate associations colored with thoughts of injustice and social control. The American legal system is developing a crisis of legitimacy among its black constituents; understanding how explicit and implicit information processing systems affect black attitudes is therefore of crucial scientific and political relevance.
16
Smith, Terry Ann. Warring Words in the Book of Daniel. Edited by Danna Nolan Fewell. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780199967728.013.22.
Анотація:
This chapter examines how words become the weapons of the disempowered in the book of Daniel. Given the subversive undertones of the text, the Daniel narrative wages its own form of combat, which at times, appears no less violent than the campaigns that accompany real life warfare. Like other Jewish writings of the same period, the book functions presumably as a form of protest against imperial policies and practices. Still, the book’s shifting rhetorical stance could be indicative of the writer’s altered perception of the fluctuating social conditions of his era and his group’s tenuous (political and religious) position amidst the turmoil. When understood in this fashion, the message of Daniel survives as one that not only subverts imperial authority, but one that also speaks truth to the ideological and religious authorities of its day, including those among its own constituency.
17
Bernal, Angélica Maria. Another Birth of Freedom. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190494223.003.0008.
Анотація:
This chapter examines a previously unexplored perspective on the US civil rights refounding: Méndez v. Westminster School District et al. (1947), a case reflecting the political and legal struggles of Mexican American parents in 1940s Orange County to challenge their children’s segregation from California’s public schools. Against familiar interpretations that excluded groups advance social-justice claims before the broader society as appeals to the promises of the Founding or Founders, this chapter argues that even when situated as appeals within the law, foundational challenges are better understood as underauthorized ones: actions that self-authorize not on the basis of an order that once was, but on the basis of a citizen-subject position and political order that are at once precarious and yet to come. This type of constitutional politics, the chapter argues, challenges understandings of democratic self-constitution predicated on a unified “We, the People” by bringing to light the constituent power of the excluded.
18
Roșu, Felicia. Elective Monarchy in Transylvania and Poland-Lithuania, 1569-1587. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789376.001.0001.
Анотація:
This book examines the transformation of elective monarchy in Transylvania and the Polish-Lithuanian Commonwealth in the 1570s. It does so by focusing on the foundational and experimental character of the first elections of 1571 (Transylvania) and 1573 and 1575–6 (Poland-Lithuania). In this period, the two polities adopted constitutions based on the same fundamental principles: elective thrones, state-sanctioned religious pluralism, and legal guarantees for the right of disobedience. Despite the important differences between them, Transylvania and Poland-Lithuania had one essential thing in common: they were the only two polities in early modern Europe that secured the succession of their rulers through large-scale elections in which the dynastic principle, although still important, was not binding. Apart from chapter 1, which has a chronological approach, the rest of the book thematically follows the development of an election: from voter inclinations and campaigning strategies, to voting procedures, to the contracts between voters and their chosen candidates, to the authority of the newly elected rulers. The conclusion examines the two elective systems from a more theoretical perspective. It argues that mixed government was accompanied by a mixed language that combined attachment to virtue, liberty, and self-government with a pragmatism that became particularly visible during interregna and elections. The constituents of Transylvania and Poland-Lithuania acted, talked, and saw themselves as both citizens and subjects of the rulers they elected. The phenomenon was not a contradiction but the logical consequence of a system in which those who were ruled were periodically called to rule themselves.
19
Thackeray, David, and Richard Toye. Age of Promises. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198843030.001.0001.
Анотація:
Age of Promises explores the issue of electoral promises in twentieth century Britain—how they were made, how they were understood, and how they evolved across time. It does so through a study of general election manifestos and election addresses. The premise of the book is that a history of the act of making promises—which is central to the political process, but which has not been sufficiently analysed—illuminates the development of political communication and democratic representation. The twentieth century saw a broad shift away from politics viewed as a discursive process whereby, at elections, it was enough to set out broad principles, with detailed policymaking to follow once in office, following reflection and discussion. Over the first part of the century, parties increasingly felt required to compile lists of specific policies to offer to voters and detailed, costed pledges. We live in an age of growing uncertainty over the authority and status of political promises. In the wake of the 2016 EU referendum––during which an (alleged) promise was famously written on the side of a bus––controversy erupted over parliamentary sovereignty. Should ‘the will of the people’ as manifested in the referendum result be supreme, or did MPs owe a primary responsibility to their constituents and/or to the party manifestos on which they had been elected? Age of Promises demonstrates that these debates build on a long history of differing understandings about what status manifestos and addresses should have in shaping the actions of government.
20
Anderson, Eric C. China Restored. ABC-CLIO, LLC, 2010. http://dx.doi.org/10.5040/9798400625671.
Анотація:
Contrary to lurid forecasts in the West that China is on track to wrest global hegemony from the United States by 2025, China is in fact positioning itself to resume its historic role as the “Middle Kingdom”—a senior mentor with benign aspirations for guiding Asia into the mid-21st century. In China Restored: The Middle Kingdom Looks to 2020 and Beyond, Eric C. Anderson challenges the widespread perception of China as a rising giant whose authoritarian program to supplant the United States as global hegemony poses a grave international threat. He weighs in against doomsday prophets such as Martin Jacques, who predicts that China’s economy and diplomatic influence will equal those of the United States by 2025 and will eclipse them by a factor of two by 2050. Anderson, a player in Washington’s China policy debates who enjoys deep access to Chinese intelligence sources, counters with a careful argument that Beijing’s overriding aim is in fact to foster a stable global environment conducive to its economic development and regional hegemony based on legitimate political authority rather than coercion. Anderson points to three principal factors that will drive Chinese behavior over the next 10 years: the Chinese Communist Party’s desire to be recognized as a responsible member of the international community; China’s effort to equip, train, and maintain a modern military; and Beijing’s campaign to “sell” her governance model—from economic development to serving a domestic constituency—as a direct competitor to Washington’s version of liberal democracy. Asserting that Beijing is poised to serve as Washington’s “peer competitor,” Anderson offers insights as to what can be expected from China in the future, including facilitating U.S. nuclear nonproliferation efforts and participating in international peacekeeping operations.