Questioning Sovereignty - Law State and Nation in the European Commonwealth

Zusatztext ingenious and fairly presented arguments Informationen zum Autor The late Neil MacCormick was Leverhulme Research Professor and Professor of Public Law and the Law of Nature and Nations in the University of Edinburgh Klappentext This books is about the transformation of sovereignty in the United Kingdom and the European Union, the transition from 'sovereign states' to 'post-sovereign states', 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 a historical/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.. "The existing constitution of the 'European Commonwealth' is reviewed critically as an example of a mixed constitution and an argument is proposed about the value or values attaching to democracy and to subsidiarily in this vast commonwealth. Connected to subsidiarity is the issue of contemporary politics of identity all over Europe 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. Zusammenfassung 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. Inhaltsverzeichnis 1: The Legal Framework: Institutional Normative Order 2: The State and the Law 3: The Interest of the State and the Rule of Law 4: The United Kingdom: What State? What Constitution? 5: The Benthamite Constitution: Decline and Fall? 6: A Very British Revolution? 7: Juridical Pluralism and the Risk of Constitutional Conflict 8: On Sovereignty and Post-Sovereignty 9: Democracy and Subsidiarity in the European Environment 10: Some Questions of Freedom 11: A Kind of Nationality 12: New Unions for Old ...

Product details

• Authors: Neil MacCormick, Neil (Formerly Regius Professor of Pub Maccormick, Neil (Formerly Regius Professor of Public Law and the Law of Nature and Nations MacCormick, MacCormick Neil
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 14.10.1999
• EAN: 9780198268765
• ISBN: 978-0-19-826876-5
• No. of pages: 222
• Series: Law, State, and Practical Reason; Law, State, and Practical Reas; Law, State, and Practical Reason; Law, State, and Practical Reas
• Subjects: Humanities, art, music > Linguistics and literary studies > General and comparative linguistics; Social sciences, law, business > Law > International law, foreign law; POLITICAL SCIENCE / International Relations / General, Scotland, LAW / Constitutional, POLITICAL SCIENCE / World / European, LAW / Comparative, comparative law, EU (European Union), International institutions, EU & European institutions, Constitutional & administrative law, Constitutional and administrative law: general