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Limiting Sovereign Power

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Chapter Summary

This chapter presents some general aspects of a theory of constitutionalism. It discusses notion of citizenship as a particular institutionalisation of constitutionalism's fundamental. The chapter explores the way in which the use of physical force has been governed by international law. It deals with the implications of modern human rights law for sovereignty's claim to distinguish the inside from the outside. The chapter focuses on the notion of territoriality as an impediment to the realisation of the radical promise of human rights. It also discusses two aspects of citizenship, citizenship as a condition for access to rights and citizenship as a tool for allocating populations to specific territories. In international law, sovereignty stands for the ownership of territory, and international law functions as a distributive mechanism for determining which state can exercise sovereignty over a certain territory.

Keywords: citizenship; constitutionalism; international law; sovereignty; territoriality



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