Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism

2017 ◽  
Author(s):  
Jean L. Cohen
Keyword(s):  
Public Authority ◽  
Popular Sovereignty ◽  
Modern State ◽  
Public Power ◽  
Political Pluralism ◽  
Social Democratic ◽  
Liberal Democratic ◽  
Power Rule ◽  
Important Challenge ◽  
Principles Of Justice

We typically associate sovereignty with the modern state, and the coincidence of worldly powers of political rule, public authority, legitimacy, and jurisdiction with territorially delimited state authority. We are now also used to referencing liberal principles of justice, social-democratic ideals of fairness, republican conceptions of non-domination, and democratic ideas of popular sovereignty (democratic constitutionalism) for the standards that constitute, guide, limit, and legitimate the sovereign exercise of public power. This chapter addresses an important challenge to these principles: the re-emergence of theories and claims to jurisdictional/political pluralism on behalf of non-state ‘nomos groups’ within well-established liberal democratic polities. The purpose of this chapter is to preserve the key achievements of democratic constitutionalism and apply them to every level on which public power, rule, and/or domination is exercised.

Sovereignty, the Corporate Religious, and Jurisdictional/Political Pluralism

2017 ◽  
Vol 18 (2) ◽  
Author(s):  
Jean L. Cohen
Keyword(s):  
Separation Of Powers ◽  
Public Power ◽  
Political Pluralism ◽  
Corporate Groups ◽  
Liberal Democratic ◽  
Power Rule ◽  
Government Power ◽  
Important Challenge ◽  
Sovereign Authority ◽  
Principles Of Justice

AbstractWe typically associate sovereignty with the modern state and presuppose the coincidence of political rule, public power, government, legitimacy and jurisdiction with territorially delimited states. We are also used to referencing liberal principles of justice, egalitarian ideals of fairness, republican conceptions of non-domination and separation of powers, and democratic ideas of popular sovereignty (democratic constitutionalism), for the standards that should constitute, guide, limit and legitimate the exercise of sovereign power. This Article addresses an important challenge to these principles: the reemergence of theories and claims to jurisdictional/political pluralism on behalf of non-state “nomos groups” within well-established liberal-democratic polities. Theories of jurisdictional political pluralism purport to account for the independent sovereign authority of the corporate religious, while providing a “postmodern,” “permeable,” “pluralist” conception of sovereignty allegedly more appropriate descriptively to twenty-first century reality and more attractive normatively, than the modern statist version. This Article analyzes and assesses these claims. It criticizes the disassociation of the sovereignty concept from publicly accountable power, challenges the displacement of rights-holders from individuals to corporate groups, and offers a different, federal alternative to anachronistic or normatively flawed modern monistic statist conceptions. My purpose is to preserve the key achievements of democratic constitutionalism and to apply them to every level on which government, power, rule, and/or domination is exercised.

scholarly journals National sovereignty and lawmaking

2016 ◽  
Vol 17 (31) ◽  
pp. 77-83
Author(s):  
Anca Florina Morostes ◽  
Narcisa Mihaela Stoicu ◽  
Claudia Doinita Gherlea
Keyword(s):  
Rule Of Law ◽  
Modern State ◽  
Essential Characteristic ◽  
Public Power ◽  
Political Pluralism ◽  
State Institutions ◽  
Democratic State ◽  
Fundamental Law ◽  
Complex Relationships ◽  
Democratic Principles

Abstract A democratic state involves the existence of a fundamental Law which expressly states values and democratic principles that are universally, internationally and regionally recognized. Specialized literature has shown that the mission of the modern state can only be fulfilled by a public power that is its essential characteristic, namely, through sovereignty [1]. The connection between sovereignty and political power is reflected in the complex relationships between the principle of separation and balance of powers, rule of law, political pluralism and state institutions and organizations.

The Model Penal Code and the War on Crime

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Penal Code ◽  
Modern State ◽  
Model Penal Code ◽  
State Punishment ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
War On Crime ◽  
Integrate State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 7 brings the narrative of modern American penality up-to-date, following on the heels of the discussion of Jefferson’s Virginia criminal law bill of 1779 in Chapter 6. Chapter 7 focuses on the Model Penal Code of 1962, which was far superior to Jefferson’s draft in every respect but one: it, too, failed to integrate state punishment into the American legal-political project, leaving the penal paradox unaddressed and unresolved to this day.

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

scholarly journals The Public Authority of the Modern State: The Phenomenon of Corruption

2019 ◽  
Vol 6 (2) ◽  
pp. 150
Author(s):  
Yuliy A. Nisnevich
Keyword(s):  
Human Factor ◽  
Institutional Quality ◽  
Authoritarian Regimes ◽  
Public Authority ◽  
Modern State ◽  
The Public

<em>The article is devoted to the analysis of the influence of the human factor on the corruption in the public authority. The corruption depends on the institutional quality of the public authority, its ability to withstand the negative manifestations of the human factor, and on the officials’ qualities. The motivation of “going to power” has a big significance. Under the authoritarian regimes, the corruption system is generated by the deformations in the election institution. The managerial lustration expediency for the power purification after the regimes’ changes is substantiated. The institutional measures to combat the corruption have been identified.</em>

The Community Courts and Openness Within the European Union

1999 ◽  
Vol 2 ◽  
pp. 19-30
Author(s):  
Hans Ragnemalm
Keyword(s):  
European Union ◽  
Popular Sovereignty ◽  
The European Union ◽  
Public Power ◽  
The People ◽  
The Right ◽  
Community Courts

Government by the people presupposes that citizens are fully aware of public matters and properly informed. Nowadays, this is well understood and increasingly accepted. However, there is still disagreement as to how citizens are to check their government and what the limits of such control should be. In my view, it is essential that this scrutiny is generally available to all citizens and that it is provided in binding legal terms, the application of which is subject to legal appeal. However, a less stringent standard of scrutiny is often provided. Indeed, confusion between concepts is patent in this field and overshadows what is really at issue—the recognition of a fundamental right for citizens, which forms a basis for the exercise of several other rights. The right of citizens to review the exercise of public power is ultimately the foundation of both the principle of democracy and popular sovereignty.

Kontrola parlamentarna w Republice Uzbekistanu

2019 ◽  
Vol 2 ◽  
pp. 125-140
Author(s):  
Andrzej Pogłódek
Keyword(s):  
Political Regime ◽  
Executive Power ◽  
The Political ◽  
Political Pluralism ◽  
Important Challenge ◽  
The Law

This work focuses on the parliamentary control in Uzbekistan. Currently, besides the Constitution of Uzbekistan, the issue of parliamentary control is subject to the Act from 11 April 2016 „on parliamentary control” and other legislative acts, in particular relating to the constitutional position of Oliy Majlis. The law provides for various mechanisms of control over the executive power (e.g. vote for budget approval, parliamentary inquiry, parliamentary investigation, presenting information about their business by the executive power). Currently, the most important challenge related to the development of parliamentary control in Uzbekistan is further democratisation of the political regime, increasing political pluralism.

Towards a Social Democratic Theory of the State

1987 ◽  
Vol 35 (4) ◽  
pp. 537-551 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Democratic Theory ◽  
The State ◽  
Social Democratic ◽  
Liberal Democratic ◽  
The Social ◽  
Equal Respect ◽  
The Ideal

The paper attempts two tasks. The first is to provide a characterization of the social democratic approach which sets it in contrast to liberal democratic theories. This is pursued by contrasting the different interpretations of the ideal of equal respect which are associated with the two approaches. The second task is to establish that the social democratic approach is, if not clearly superior, at least worth considering further. This task is pursued by the attempt to vindicate three assumptions which the social democratic approach must make about the state.

scholarly journals The Principle of Sovereignty as the Main Principle of Democracy, between the Political Pluralism and the Electoral System in the Parlamentary Republic of Albania

2020 ◽  
Vol 9 (6) ◽  
pp. 184
Author(s):  
Ismail Tafani ◽  
Darjel Sina
Keyword(s):  
Rule Of Law ◽  
Party System ◽  
Essential Element ◽  
Electoral System ◽  
Fundamental Principle ◽  
Popular Sovereignty ◽  
Political Pluralism ◽  
The Rule Of Law ◽  
Constitutional Principle ◽  
Democratic Principle

Popular sovereignty is the foundation of the principle of democracy for the existence and functioning of the rule of law. In the Parliamentary Republic of Albania based on political pluralism for nearly three decades, this essential element of the democratic principle seems to be as fragile as the principle itself. The basic concept of the functionality of the rule of law in Albania under the Constitution is the separation and balancing of powers. Although the constitutional provision for the separation and balancing of powers is clear and based on Montesquieu’s conception of the development of the principle of democracy and the prohibition of abuse that each of the powers could inflict on each other, the separation and balancing of powers in Albania seems to be impossible. Albania as a country with a culture of not very long political pluralism, instead it comes from a rather long-term mono-party system where the development of the electoral process was more of a holiday than a race. However, the sovereignty of the people enshrined in today's constitution and yesterday's constitution seems more like a slogan than a fundamental principle of constitutional order. In these years of political pluralism between the test of many electoral systems coupled with constitutional and legal changes, the implementation of the principle of popular sovereignty to consolidate the democratic principle remains clearly a utopia for Albanian society. After each election process debates reopen the need for reforming the electoral system in general and managing the process in particular. The purpose of this paper through a comparative analysis is to identify the elements that impede the observance of the fundamental constitutional principle of popular sovereignty either directly or indirectly through elected representatives to consolidate the rule oflaw in Albania.

State Theory, State Order, State System—Jus Gentium and the Constitution of Public Power

2017 ◽  
Author(s):  
Nehal Bhuta
Keyword(s):  
International Law ◽  
State Theory ◽  
The State ◽  
Legal Order ◽  
State System ◽  
Modern State ◽  
Public Power ◽  
Theory State ◽  
Order State ◽  
The Way

This chapter argues that state concepts and state theories are performative: they partially constitute the object that they describe, and become means through which the state order is justified, materialized, and indeed organized. As such, state theory and state concept are indispensable to any actually existing state order, and have strong determinative consequences for the intellectual construction of international law as legal order and a system of relations between and across state orders. The chapter demonstrates the organizing force of state concepts on the conceptualization of the nature of the order of international law, and also the way in which jus naturae et jus gentium became essential to the theorization and reproduction of the distinctive kind of public power we associate with the modern state concept.

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