Author : Alan Wolfe
Publisher :
Page : 452 pages
File Size : 44,13 MB
Release : 1980
Category : Political Science
ISBN : 9780029348604
The Limits of Legitimacy
Alan Wolfe
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Extra-Legal Power and Legitimacy
Clement Fatovic
Author : Clement Fatovic
Publisher : Oxford University Press
Page : 253 pages
File Size : 33,35 MB
Release : 2013-10-22
Category : Law
ISBN : 0199974721
When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.
Legitimacy and Power Politics
Mlada Bukovansky
Author : Mlada Bukovansky
Publisher : Princeton University Press
Page : 266 pages
File Size : 17,73 MB
Release : 2010-01-10
Category : History
ISBN : 0691146705
This book examines the causes and consequences of a major transformation in both domestic and international politics: the shift from dynastically legitimated monarchical sovereignty to popularly legitimated national sovereignty. It analyzes the impact of Enlightenment discourse on politics in eighteenth-century Europe and the United States, showing how that discourse facilitated new authority struggles in Old Regime Europe, shaped the American and French Revolutions, and influenced the relationships between the revolutionary regimes and the international system. The interaction between traditional and democratic ideas of legitimacy transformed the international system by the early nineteenth century, when people began to take for granted the desirability of equality, individual rights, and restraint of power. Using an interpretive, historically sensitive approach to international relations, the author considers the complex interplay between elite discourses about political legitimacy and strategic power struggles within and among states. She shows how culture, power, and interests interacted to produce a crucial yet poorly understood case of international change. The book not only shows the limits of liberal and realist theories of international relations, but also demonstrates how aspects of these theories can be integrated with insights derived from a constructivist perspective that takes culture and legitimacy seriously. The author finds that cultural contests over the terms of political legitimacy constitute one of the central mechanisms by which the character of sovereignty is transformed in the international system--a conclusion as true today as it was in the eighteenth century.
Legitimacy, Justice and Public International Law
Lukas H. Meyer
Author : Lukas H. Meyer
Publisher : Cambridge University Press
Page : 333 pages
File Size : 16,79 MB
Release : 2009-11-12
Category : Law
ISBN : 0521199492
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
The Limits of Legitimacy
Michael Zilis
Author : Michael Zilis
Publisher : University of Michigan Press
Page : 255 pages
File Size : 38,63 MB
Release : 2015-09-22
Category : Political Science
ISBN : 0472121243
When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.
The Limits of Legitimacy
Michael Zilis
Author : Michael Zilis
Publisher : University of Michigan Press
Page : 255 pages
File Size : 29,82 MB
Release : 2015-09-22
Category : Law
ISBN : 0472052748
An exploration of how sensationalist reporting, which emphasizes dissenting opinions and dramatizes complex legal issues, fosters public controversy and influences citizens' reactions to Supreme Court decisions
The Constitution of Equality
Thomas Christiano
Author : Thomas Christiano
Publisher : OUP Oxford
Page : 320 pages
File Size : 48,54 MB
Release : 2010-06-10
Category : Political Science
ISBN : 0191613916
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
The Commission on the Limits of the Continental Shelf
Øystein Jensen
Author : Øystein Jensen
Publisher : Martinus Nijhoff Publishers
Page : 334 pages
File Size : 50,88 MB
Release : 2014-07-10
Category : Law
ISBN : 9004274170
As the world’s coastal states go about dividing up the ocean floor, the work of the Commission on the Limits of the Continental Shelf plays an increasingly important role. The Commission on the Limits of the Continental Shelf: Law and Legitimacy examines the Commission from two different but interrelated perspectives: a legal analysis of the Commission’s decision-making; and a study of normative legitimacy related to the Commission and its procedures. Insights into the history of the development of the concept of the continental shelf in the law of the sea are offered, including an explanation of how the institutionalized method for ascertaining continental shelf limits in the UN Convention on the Law of the Sea came into being. Through a deep-ranging analysis of the Commission and its work, the book introduces a framework for assessing best practices, and will serve as a useful reference for academics, scientists and policymakers alike.
Will and Political Legitimacy
Patrick Riley
Author : Patrick Riley
Publisher : iUniverse
Page : 276 pages
File Size : 28,93 MB
Release : 1999
Category : Philosophy
ISBN : 9781583484241
At the heart of representative government is the question: "What makes government and its agents legitimate authorities?" The notion of consent, of a social contract between the citizen and his government, is central to this problem. That contract allows the government to rule over the citizen and to exact obedience from him in return for certain protections and goods he needs.
Law and Legitimacy in the Supreme Court
Richard H. Fallon
Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 24,68 MB
Release : 2018-02-19
Category : Law
ISBN : 0674975812
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow