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Sovereignty – A Contribution to the Theory of Public and International Law - Oxford Scholarship Online
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Sovereignty: A Contribution to the Theory of Public and International Law

Hermann Heller and David Dyzenhaus

Abstract

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a differen ... More

Keywords: sovereignty, liberal democracies, popular sovereignty, national sovereignty, elite, constitutional theory, political theory, international law

Bibliographic Information

Print publication date: 2019 Print ISBN-13: 9780198810544
Published to Oxford Scholarship Online: May 2019 DOI:10.1093/oso/9780198810544.001.0001

Authors

Affiliations are at time of print publication.

Hermann Heller, author

David Dyzenhaus, editor
University of Toronto