"Examines the concept of the people and the problems it raises for liberal democratic theory, constitutional theory, and critical theory. Argues that the people should be conceived not as simply a collection of individuals, but as an ongoing process unfolding in time"--Provided by publisher.

The first collaborative volume to explore popular sovereignty, a pivotal concept in the history of political thought.

A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).

Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

The forms of liberal government that emerged after World War II are in the midst of a profound crisis. In I Am the People, Partha Chatterjee reconsiders the concept of popular sovereignty in order to explain today’s dramatic outburst of movements claiming to speak for “the people.” To uncover the roots of populism, Chatterjee traces the twentieth-century trajectory of the welfare state and neoliberal reforms. Mobilizing ideals of popular sovereignty and the emotional appeal of nationalism, anticolonial movements ushered in a world of nation-states while liberal democracies in Europe guaranteed social rights to their citizens. But as neoliberal techniques shrank the scope of government, politics gave way to technical administration by experts. Once the state could no longer claim an emotional bond with the people, the ruling bloc lost the consent of the governed. To fill the void, a proliferation of populist leaders have mobilized disaffected groups into a battle that they define as the authentic people against entrenched oligarchy. Once politics enters a spiral of competitive populism, Chatterjee cautions, there is no easy return to pristine liberalism. Only a counter-hegemonic social force that challenges global capital and facilitates the equal participation of all peoples in democratic governance can achieve significant transformation. Drawing on thinkers such as Antonio Gramsci, Michel Foucault, and Ernesto Laclau and with a particular focus on the history of populism in India, I Am the People is a sweeping, theoretically rich account of the origins of today’s tempests.

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.