Questioning Sovereignty
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Home > Law > Jurisprudence and general issues > Comparative law > Questioning Sovereignty: Law State and Nation in the European Commonwealth(Law, State, and Practical Reason)
Questioning Sovereignty: Law State and Nation in the European Commonwealth(Law, State, and Practical Reason)

Questioning Sovereignty: Law State and Nation in the European Commonwealth(Law, State, and Practical Reason)


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About the Book

This is a book about the transformation of sovereignty in the United Kingdom and the European Union, about the transition from 'sovereign states' to 'post-sovereign states', about 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. Can that sovereignty survive diffusion of power within the British state? Or can it survive the development of the European Union and the supremacy in it of European Community law? Was there a revolution in 1972, when Parliament enacted the European Communities Act, or later, when the House of Lords held that subsequent Acts of Parliament should be 'disapplied' when they conflict with Community law? The potential for conflict between member state constitutions and European legal order is no less in other member states - Germany, France, Ireland and the others. Indeed the issue is perhaps whether in the long run constitutional conflicts are inevitable. This leads on into a consideration of pluralistic as against monistic accounts of legal order viewed as a whole, and finally to a review of the concept of sovereignty, and of the possibility that there really could be a new order of post-sovereign states within a non-sovereign confederal union in Europe. If so, what becomes of democracy, and how can the democratic deficit in Europe be redeemed? 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 subsidiarity 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.

Table of Contents:
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

About the Author :
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

Review :
`... mature and considered ...' Scottish Affairs, No. 32, Summer 2000 `What MacCormick does is useful for political scientists in that he aptly attends to the detail of germane legal argument.' Preston King, Political Studies, Vol.49, No.1, `What is crucially probed throughout is the tenability and continuing relevance of the 'traditional' doctrine of sovereignty.' Preston King, Political Studies, Vol.49, No.1, `This is a colleciton of essays by one of the most eminent legal theorists at work in the UK today. He has a nimbleness and acuity which never fail to please and impress.' Preston King, Political Studies, Vol.49, No.1, `One disadvantage of independence for Scotland, were it to happen, would the the loss to us of Britain's most accomplished and versatile legal theorist, Neil MacCormick.' Geoffrey Marshall, TLS, 24/3/00. `ingenious and fairly presented arguments.' Geoffrey Marshall, TLS, 24/3/00.


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Product Details
  • ISBN-13: 9780198268765
  • Publisher: Oxford University Press
  • Publisher Imprint: Oxford University Press
  • Height: 242 mm
  • No of Pages: 222
  • Series Title: Law, State, and Practical Reason
  • Sub Title: Law State and Nation in the European Commonwealth
  • Width: 162 mm
  • ISBN-10: 0198268769
  • Publisher Date: 14 Oct 1999
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Spine Width: 17 mm
  • Weight: 464 gr


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