- Publisher's listprice GBP 110.00
-
52 552 Ft (50 050 Ft + 5% VAT)
The price is estimated because at the time of ordering we do not know what conversion rates will apply to HUF / product currency when the book arrives. In case HUF is weaker, the price increases slightly, in case HUF is stronger, the price goes lower slightly.
- Discount 10% (cc. 5 255 Ft off)
- Discounted price 47 297 Ft (45 045 Ft + 5% VAT)
Subcribe now and take benefit of a favourable price.
Subscribe
52 552 Ft
Availability
printed on demand
Why don't you give exact delivery time?
Delivery time is estimated on our previous experiences. We give estimations only, because we order from outside Hungary, and the delivery time mainly depends on how quickly the publisher supplies the book. Faster or slower deliveries both happen, but we do our best to supply as quickly as possible.
Product details:
- Publisher OUP Oxford
- Date of Publication 8 December 2011
- ISBN 9780199698318
- Binding Hardback
- No. of pages302 pages
- Size 240x163x32 mm
- Weight 612 g
- Language English 0
Categories
Short description:
Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
MoreLong description:
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 novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers.
The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.
...it provides a clear discussion of the idea of fiduciary relationships and duties that is useful for, and should be largely accessible to, non-lawyers.
Table of Contents:
Prologue: Hobbes and Legal Order
Introduction: The State as Fiduciary and the Rule of Law
Seeking Sovereignty
Some Objections
Fiduciary Relationships and the Presumption of Trust
The Duty to Obey the Law
Judicial Ambivalence to Public Fiduciary Duties
Procedural Fairness - A Pandora's Box of Legality
Administrative Law as Solicitude - Reasonable Decision-Making
The Rule of Law and Human Rights
Deconstructing the Role of Generations in Social Movements: Time, Events, and Legacies
