WorldCat Linked Data Explorer

Turtle N-Triple JSON-LD RDF/XML HTML Contact Us Home

http://worldcat.org/entity/work/id/1009108574

Sovereignty's promise : the state as fiduciary

Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power?Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power?This book develops an original constitutional theory of political authority that yields.

Open All Close All

type

about

http://schema.org/about

creator

description

http://schema.org/description

  • "Arguing that the state and its people stand in a fiduciary relationship, 'Sovereignty's Promise' puts forward an account of political authority and its legal limits. In doing so it presents an argument for common law constitutionalism and a theoretical framework for understanding the requirements of the rule of law."
  • "Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power?Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power?This book develops an original constitutional theory of political authority that yields."@en
  • "The subject of this thesis is the justification of sovereignty, legal order and the rule of law. That justification, I argue, is best articulated within a vision of the state as an entrusted and authorised fiduciary of each person subject to its powers. As fiduciary, the state is authorised to exercise public powers for the purpose of securing and administering legal order. But because this authorisation---the state's legal authority---flows from a fiduciary relationship with those subject to it, state authority is encumbered with an overarching obligation to use public powers exclusively for the public good. Seeing the state as fiduciary explains its authority to legislate, conduct administration, adjudicate and otherwise guarantee legal order. The fiduciary relationship also explains the default limits of that authority, limits which constitute the rule of law and manifest themselves as free-standing public duties such as fairness and reasonableness. Those common law duties guarantee that exercises of public power necessarily take place within an institutional legal framework that locates its legitimacy in the fiduciary principle's authorisation of it. When exercises of public power conform to the demands of this authorisation---the demands of the rule of law, of fairness and reasonableness---they respect the autonomy and dignity of the persons in whom the fiduciary justification of public authority ultimately lies."@en

genre

http://schema.org/genre

  • "Electronic books"@en
  • "Llibres electrònics"

name

http://schema.org/name

  • "Sovereignty's Promise the state as fiduciary"
  • "Sovereignty's promise : the state as fiduciary"@en
  • "Sovereignty's promise : the state as fiduciary"
  • "Sovereignty's Promise the State as Fiduciary"@en
  • "Sovereignty's promise the state as fiduciary"@en
  • "Sovereignty's promise the state as fiduciary"
  • "Sovereignty's promise: The state as fiduciary"@en
  • "Sovereignty's Promise : the state as fiduciary"

workExample