OXFORD UNIVERSITY PRESS

Authorities: Conflicts, Co-operation, and Transnational Legal Theory

ISBN : 9780199671410

Price(incl.tax): 
¥17,534
Author: 
Nicole Roughan
Pages
288 Pages
Format
Hardcover
Size
162 x 236 mm
Pub date
Oct 2013
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Interactions between state, international, transnational and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority. These have led scholars to new theoretical explanations of sovereignty, constitutionalism, and legality, but there has been no close attention to authority itself. This book asks whether, and under what conditions, there can be multiple legitimate authorities with overlapping or conflicting domains. Can legitimate authority be shared between state, supra-state and non-state actors, and if so, how should they relate to one another? Roughan argues that understanding authority in contemporary pluralist circumstances requires a new conception of relative authority, and a new theory of its legitimacy. The theory of relative authority treats the interdependence of authorities, and the relationships in which they are engaged, as critical to any assessment of their legitimacy. It offers a tool for evaluating inter-authority relationships prevalent in international, transnational, state and non-state constitutional practice, while suggesting significant revisions to the idea that law, in general or even by necessity, claims to have legitimate authority.

Index: 

PART I: AUTHORITY AND PLURALITY
PART II: THE PUZZLES OF PLURAL AUTHORITY
PART III: A PLURALIST CONCEPTION OF AUTHORITY
PART IV: RELATIVE AUTHORITY IN INTERNATIONAL, TRANSNATIONAL (AND) CONSTITUTIONAL LAW

About the author: 

Nicole Roughan is an Assistant Professor at the National University of Singapore, and a Research Fellow of the New Zealand Centre for Public Law. She was previously a Lecturer at the Faculty of Law, University of Cambridge, a Teaching Officer at Trinity College, Cambridge, and a Lecturer at Victoria University of Wellington's Faculty of Law.

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