
State as a Giant with Feet of Clay.
Title:
State as a Giant with Feet of Clay.
Author:
Kysela, Jan.
ISBN:
9783653045932
Personal Author:
Physical Description:
1 online resource (184 pages)
Contents:
Cover -- Table of Contents -- Outline of the field of research (Jan Kysela) -- I. Contemporary scepticism about modern state -- II. Networks, legal polycentrism, constitutional pluralism -- III. Growth of modern state -- IV. Factors limiting a state's power -- IV.1 External limits -- IV.1.1 Plurality of states -- IV.1.2 International law -- IV.1.3 European law and European integration -- IV.1.4 Globalisation -- IV.2 Internal limits -- IV.2.1 Disappearance of the raison d'état -- IV.2.2 Human rights -- IV.2.3 Strengthening the judicial branch at the expense of political branches -- IV.2.4 Weakening of public space, rights of individuals and minorities -- IV.2.5 Technological development -- IV.2.6 Outsourcing of state -- IV.2.7 Unregulated social authority -- V. Partial summary -- International law limits on state power. Limitation of state power by international law at the beginning of the 21st century (Pavel Ondřejek) -- I. Changing sources of legitimacy of international law -- II. International law as a system of evaluation of compliance with general principles -- III. Growing importance of international institutions and the international judiciary in particular -- IV. International obligations of the state and the effect of international law in national law -- The State and the European Union (Jan Grinc, Jana Ondřejková) -- I. Transformations of the state and its importance within the European Union -- I.1 Limitation of Member States' powers -- I.2 The impact of integration on the constitutional systems of the Member States -- I.3 Importance of the state for the European Union? -- II. National identity -- II.1 Legal concept of constitutional and national identity -- II.2 Constitutional identity as a part of the limits on EU law and EU institutions.
II.3 Applicable mechanisms of effective protection of national identity within the existing EU treaties framework -- III. The Principle of Subsidiarity -- III.1 The principle of subsidiarity in the EU law -- III.2 Subsidiarity control by the national parliaments: the early warning mechanism and its interpretation -- III.3 Subsidiarity control in practice -- Human rights limits on state power (Jan Broz, Pavel Ondřejek) -- I. Introduction -- II. The origin and sources of legitimacy of human rights, and their relation to state power -- III. Horizons and functions of human rights in legal orders -- IV. Constitutional rights and limitation of law-making power -- Societal limits on the state (Michal Urban, Jan Kysela) -- I. Distrust in the state -- I.1 The case of the Czech Republic -- I.2 Distrust in public interest -- II. Transferring state power to other entities within the state -- II.1 Political parties -- II.2 Direct democracy and direct action -- II.3 Corporativism -- II.4 Civil society -- II.5 Outsourcing -- Conclusion -- Conclusions (Jan Kysela) -- I. Summary -- II. What is left of sovereignty? -- III. In conclusion -- Bibliography -- Index.
Abstract:
Many contemporary states, even the European ones, resemble a giant with feet of clay. They tend to be greater in terms of the scope of governance, rather than in terms of their territory or population. Since they are great, they are also costly, though often very limited in various respects. One perilous alternative is the state-giant of Thomas Hobbes. But there are other possibilities as well, such as the liberal state, effective, yet small or lean; or the dreamt-up state of the conservatives, based on the principle of subsidiarity, acting only as a complement to civil society. The fundamental thesis in this book is that the states in which we live are great, however weak. The book then discusses the main categories of limits on state power, such as human rights, international law, EU law and societal changes.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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