Sovereignty

The term sovereignty (French souveraineté, from Latin superanus, " located about superior " ) is understood in the law the ability of a natural or legal person to the exclusive legal self-determination. This self-determination capability is characterized by autonomy and independence of the legal subject and differs so on the condition of heteronomy. In political science, it refers to the property of an institution to be the sole starting point of the entire state power within a political framework. The term in the 16th century was marked by the absolutism doctrine of the French political philosopher Jean Bodin.

Conceptual history

In his writing six books about the state defines Jean Bodin (1529/1530-1596) the concept of sovereignty as the supreme ultimate decision-making power in the state. After Bodin's conception of absolute rule this power should always get only the person of the king, in principle, be indivisible and allow the rulers to legislate binding even against the will of his subjects.

Bodin's demand for a highest and last responsible sovereign power was directly related to the religious civil wars in France, by Bodin saw jeopardizes the ability of the state to peaceful conflict resolution. Only the unlimited concentration of all legal and physical state power in the hands of the king could by Bodin security and peace in the country guarantee. Bodin can thus be understood as a pioneer of the state monopoly on violence.

In terms of state power of early modern German Empire was spoken in scholarly circles, in a modification of Bodin's theses, temporarily by a double or dual sovereignty, in which case the any kind divisibility of the supreme power had to be accepted.

Sovereignty in international law

In international law, sovereignty is understood as the essential independence of a state by other states ( sovereignty to the outside) and as its self-determination in matters of state own design ( sovereignty inside). These external sovereignty of a State is therefore in its international law immediacy, while its internal sovereignty (→ popular sovereignty ) is inversely determined by the ability to self- government organization; the external sovereignty is the sovereignty of the state in analogy.

In the modern world of states is originally developed by Jean Bodin meant by sovereignty idea of full independence of the state to decide on its internal and external affairs, reached its limits. The external sovereignty of states in the classical sense has been weakened by the ever growing influence of the international system of intergovernmental and supranational organizations as well as by the increased political and economic interdependence of the states more and more. In the same context, the States were given the opportunity to design with peer states in international politics. They have delegated portions of their dominion power to supranational organizations like the European Union ( EU) or EURATOM. Some of them have also committed to a shared method, whereby they develop their policies in specific fields jointly. Their sovereignty was thus limited, but not abolished. This limitation of sovereignty extends even to non-members of the EU: Switzerland has a non-member is still the opportunity to make their right regardless of the EU. In practice, the legislature but from economic and commercial reasons often forced to align its legislation to that of the European Union. In this context, we speak in Switzerland by the " autonomous enactment ".

In particular, outside the globally networked centers of the North gets the absolute interpretation of sovereignty under increasing pressure. While the constraints of the world trading system and the conditionalities of the Bretton Woods institutions, but also of development cooperation must still be accepted by the State concerned, international intervention against the will of the state violate its sovereignty directly. In the international discourse on the Responsibility to Protect is therefore trying for some time to redefine sovereignty: no longer to care as an absolute defense law of a state, but as an obligation to protect its citizens. He is not fulfilling this obligation, go over the responsibility to the international community. The concept of the responsibility to protect was accepted by 150 UN member states in the final document of the UN General Assembly in 2005 and is regarded as a developing international law.

A major point of contention in the law here is the distinction between external and internal sovereignty of the state itself: While this is considered by the majority of legal scholars as necessary to go the representatives of the monistic theory of law from the basic unit of state sovereignty.

The counterpart of state sovereignty in the sense of international law is the early modern legal concept of suzerainty.

Sovereignty in Constitutional Law

The term sovereignty, German and " sovereignty " is used in national legislation and in political theory to denote the final authority for the exercise of power within a state. State sovereignty is to say " stop state power".

In states where this competence belongs only to a single person being spoken to by a sovereign, while in democratic forms of government of the people's sovereignty is the question. This refers primarily to the property of the people as constituent power, by means of which determines the people about the form of government and other state policies. In addition, the state authority must be legitimized by the principle of popular sovereignty by the people through elections and referendums; all state authority must emanate from the people ( popular sovereignty, for example in Germany: Article 20, paragraph 2, sentence 1 of the Basic Law in Austria: Article 1Vorlage: Art / Maintenance / RIS - search B- VG. ).

The concept of sovereignty is unclear in the constitutional sense, especially in the definition of the state concept: In the " classical " three- element theory Georg Jellinek's sovereignty is merely understood as a property of state power, which need not necessarily be in a state. However, especially in the international legal practice, such as in the Montevideo Convention of 1933, the sovereignty of state power can become a compelling feature of the definition of law.

Sovereignty and Federalism

Since in a given area and a specific people only a community can always be sovereign, the concept of sovereignty is also used to distinguish between states and confederations: In confederations state sovereignty still lies with the individual states. During the establishment of a federal state as a whole, however, give the later to become member states - such as in Germany and Austria, the countries / provinces, in Switzerland the cantons or the United States, the Federal States ( states ) - their sovereignty in part, to the Confederation. However, the State has no competence - competence: None of the levels may, without the consent of the other have this. In confederations decide the individual States to decide whether they want to leave the collar skills.

Nonetheless, the ratio of the sovereignty federalism is characterized by conceptual tensions: The sovereignty, as final decision-making authority of state power was conceived by Jean Bodin exclusively for a completely centrally organized state and could the dualism of decision-making centers featuring federalism contradict conceptually.

The constitutional right of federalism in Germany ensures the provinces a high degree of self- rule to the core of the cultural independence counts and why the construction of the provincial administration is left to each country itself. A central standard of statehood is the Article 30 In addition to its own state powers guaranteed by the Basic Law in Articles 70 to 75, 83 to 87 and 23 and 50 countries contributing to the legislation of the Federation and in matters concerning the European Union.