Sovereignty and constitutional democracy

Auteurs

• Petra Gümplová

Paramètres

• Manuels
• Manuels universitaires

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This book aims to rearticulate the discourse of sovereignty within modern political and legal theory, proposing a democratized model of the concept. It argues that contemporary moves to transcend sovereignty stem from a misunderstanding of its essence. The author investigates the roots of this misunderstanding by analyzing the early modern paradigm of sovereignty, particularly through the works of Jean Bodin and Thomas Hobbes. A key distinction is made between the common misconception of sovereignty as absolute power to legislate by command and a more nuanced understanding of political supremacy articulated in legal terms. The second part delves into the implications of this reconstructed concept for democratic and constitutional theory, examining three legal theories related to sovereignty: those of Hans Kelsen, Carl Schmitt, and Jürgen Habermas. The author contends that only Habermas successfully navigates beyond the absolutist framework of sovereignty. By employing Habermas's discursive conception of public autonomy, the work highlights the ongoing significance of sovereignty in contemporary liberal democracies. Petra Gümplová, an assistant professor of political theory at Justus-Liebig-University in Giessen, Germany, is currently researching the intersection of emergency powers and the rule of law in liberal democracy.

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• Année de publication: 2011