the term sovereignty (of franz.: souveraineté, out lat.: superanus, over it present, superior) the ability of a natural or legal entity designates to exclusive legal self-determination in the jurisprudence. This self-determination ability is marked by self-sufficiency and independence of the right subjectand distinguishes itself in such a way from the condition of the foreign regulation. The term was coined/shaped in 16. Jhd by the absolutism teachings of the French state State of Jean Bodin.

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sovereignty with Bodin

Jean Bodin understood by sovereignty highest last the latter in the state. In accordance with Bodins' conception of the absolutist rule should this power always only the personthe king come, indivisibly in principle its and to the ruler make possible to be able to set right also against the will of the subjects obligatorily. Bodins demand for a highest and last the latter ruler force stood in direct connection with the konfessionellen civil wars in France,by the Bodin the ability of the state to peaceful conflict management saw endangered.

See also: Jean Bodin

sovereignty in international law

in international law becomes sovereignty as the fundamental independence of a state from other States of (sovereignty outward) and thanits self certainty in questions of the own national organization (sovereignty inward) understood. The outside sovereignty of a state exists thus in its international law immediacy, while its internal sovereignty is determined in reverse by the ability to national Selbtsorganisation. From the state teachings the Bodinscoming sovereignty term experiences an increasing restriction, which justifies itself particularly in the increasing political and economic interdependence of states, international organizations, enterprises and Nichtregierungsorganisationen global operating in the modern international law science however.

An important point at issue in the jurisprudence forms herethe distinction into outside and internal sovereignty of the state actually: While this of a majority of the right scientists as necessary is judged, the representatives of the monistischen legal doctrine proceed from the unit in principle of the state sovereignty.

The counterpart to the national sovereigntyin the international-law sense is the earlymodern right figure of the Suez RA rivet RK.

See also: Autonomy

sovereignty in the public law

the term sovereignty is used in the domestic right and in the political theory, around the highest authority for the exercise of power on the insideto designate a state. In states, in which this authority comes to only one person, of a sovereign one speaks, while in democratic systems of government of the people sovereignty the speech is. This refers in all first line to the characteristicthe people as condition-giving force, by means of those the people over the system of government and over other state maxims determines. Besides the government authority must be legitimized according to the principle of the people sovereignty by the people in elections and tunings; all government authority must of the peoplego out (people sovereignty in kind. 20 exp. 2 S. 1 GG).

The term of the sovereignty is particularly unclear with the definition of the state term in the state-legal sense: In the “classical” three-element teachings George Jellineks becomes the sovereignty only as characteristic of the government authorityunderstood, which does not have to be present in a state compellingly. Particularly in international law practice, as for instance in the convention of Montevideo from the year 1933, the sovereignty of the government authority can become however the compelling definition characteristic of the nationalness.

See also: George Jellinek

sovereignty and federalism

in a certain area and over a certain people in each case a community sovereign to be there can, serves the term of the sovereignty also for the distinction of Federal States and confederations of states: With confederations of statesthe national sovereignty is still at the individual states. During the establishment of a Federal State however the after times member states (Germany give: Lands of the Federal Republic, Switzerland: Cantons, the USA: states, etc.) their sovereignty to the federation off. This expresses itself in particular by the fact that inFederal State the federation the so-called authority authority (or also authority sovereignty) possesses. This makes it for it possible to actually bind the authority for the perception of new state functions from its own authority. The member states know the fulfilment of state functions only the measurecarry out, how are been entitled to them the authority of the federation, necessary for it. In confederations of states however the individual states decide whether they want to leave authority to the federation.

Nontheless the relationship of the sovereignty to the federalism of conceptual tensions is coined/shaped: The sovereignty asLast last one of the government authority was conceived by Jean Bodin exclusively for a perfectly central organized state and could contradict the dualism of decision centers, which marks the federalism, conceptually.

sovereignty as human characteristic

a condition of self-sufficiency and self certainty, contrary to the foreign certainty.

see also


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