Questioning Sovereignty

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 judicial character of the European Union in its relationship with the member states of the Union. It is also a contribution to political theory in its discussion of the rule of law, the theory of sovereignty, and the principles of liberal nationalism. It combines a statement and application of the `institutional theory of law' with a balanced and carefully argued version of contemporary Scottish nationalism.

What, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In this work, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart.

Jane Jacobs, writing from her adoptive country, uses the problems facing an independence-seeking Quebec and Canada as a whole to examine the universal problem of sovereignty and autonomy that nations great and small have struggled with throughout history. Using Norway’s relatively peaceful divorce from Sweden as an example, Jacobs contends that Canada and Canadians—Quebecois and Anglophones alike—can learn important lessons from similar sovereignty questions of the past.

Answers to common questions by the press about sovereignty.

The notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either. Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no (necessary) connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law. The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers (both practitioners and academics) and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”

The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, constitutional scholars, historians, and philosophers. This volume will contribute to the public conversation on the nature of executive authority and its relation to the broader topic of sovereignty in several ways. First, readers will learn that the current vital questions surrounding the nature of executive authority and presidential power have their intellectual roots in historical and philosophical writings about the nature of sovereignty. Second, sovereignty has historically been a complicated topic; this volume helps identify the terms of the debate. Third, and most critically, citizens' understanding of the concept of sovereignty is essential to grasping the available options for confronting current challenges to the rule of law in democratic societies. The volume's 15 essays, drawn from among the disciplines of law, political, science, philosophy, and international relations, covers an expansive series of topics, from historical theories and international affairs, to governmental transparency and legitimacy. The volume also focuses on the changes in the concept of sovereignty post-9/11 in the United States and their impact on democracy and the rule of law, particularly in the area of national security practice.

Before becoming the second socialist country in the world (after the Soviet Union) in 1921, Mongolia had been a Buddhist feudal theocracy. Combatting the influence of the dominant Buddhist establishment to win the hearts and minds of the Mongolian people was one of the most important challenges faced by the new socialist government. It would take almost a decade and a half to resolve the “lama question,” and it would be answered with brutality, destruction, and mass killings. Chris Kaplonski examines this critical, violent time in the development of Mongolia as a nation-state and its ongoing struggle for independence and recognition in the twentieth century. Unlike most studies that explore violence as the primary means by which states deal with their opponents, The Lama Question argues that the decision to resort to violence in Mongolia was not a quick one; neither was it a long-term strategy nor an out-of control escalation of orders but the outcome of a complex series of events and attempts by the government to be viewed as legitimate by the population. Kaplonski draws on a decade of research and archival resources to investigate the problematic relationships between religion and politics and geopolitics and biopolitics in early socialist Mongolia, as well as the multitude of state actions that preceded state brutality. By examining the incidents and transformations that resulted in violence and by viewing violence as a process rather than an event, his work not only challenges existing theories of political violence, but also offers another approach to the anthropology of the state. In particular, it presents an alternative model to philosopher Georgio Agamben’s theory of sovereignty and the state of exception. The Lama Question will be of interest to scholars and students of violence, the state, biopolitics, Buddhism, and socialism, as well as to those interested in the history of Mongolia and Asia in general.

A companion to Diné Perspectives: Revitalizing and Reclaiming Navajo Thought, each chapter of Navajo Sovereignty offers the contributors' individual perspectives. This book discusses Western law's view of Diné sovereignty, research, activism, creativity, and community, and Navajo sovereignty in traditional education. Above all, Lloyd L. Lee and the contributing scholars and community members call for the rethinking of Navajo sovereignty in a way more rooted in Navajo beliefs, culture, and values.

Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.