LawState and Law

Concept and types of sovereignty

The concept of "sovereignty" in the modern sense dates back to the 19th century. The term is inextricably linked with such concepts as "state", "country". It was in the XIX century that the medieval meaning "sovereign" spreads over the whole state, forming the concept of "independence", and nations are singled out in parallel. More details on what sovereignty, concept and types of sovereignty are - is further in the article. Let's start with the definition.

Definition

Before deciphering the types of state sovereignty, we will analyze the concept in more detail. The term originated from the French souverainete, which in translation means "supreme power". This is one of the fundamental features of the state, which gives the right to implement the domestic and foreign policies of the state without the intervention of foreign agents (governments, public organizations, etc.).

Sovereignty and International Law

It is a mistake to believe that sovereignty means the absolute right to dispose of at home. All democratic states are subject to the norms of international law. This means that there are normative acts adopted outside of a certain country, but having power over it.

As an example, let's take our state. The highest judicial instance in Russia is the Supreme and Constitutional Court. There is the European Court of Human Rights. He is in Strasbourg, France. It reviews cases based on the Human Rights Convention. This is an international legal act that has been ratified by most independent countries. If in Strasbourg it is pointed out that any legal case in Russia was conducted with violations of the Convention, our courts will be obliged to cancel the verdicts.

This does not mean that Russia does not have sovereignty. Our country voluntarily signed and ratified international agreements allowing the International Courts to overturn Russian decisions. We can at any time unilaterally withdraw from the treaty and ignore the decision of Strasbourg. Voluntary submission is a manifestation of foreign policy. Now more details about the types of sovereignty. Further about this.

Types of sovereignty

So, every independent state has the right to an independent domestic and foreign policy. The following types of sovereignty are distinguished:

  • state;
  • The people's;
  • National.

State sovereignty: the formation of the concept

The concept of "state sovereignty" developed at the end of the Middle Ages. It was used to separate the state power from the church. In the West, the church was an independent institution of power. Unlike the state, it did not have territorial borders and was a supra-state formation. With the development of centralized power, the need arose for the territorial isolation of one monarch from another. Hence the concept of state sovereignty, as opposed to the church.

The essence of state sovereignty

State power is at the top of the hierarchy. All subsystems and social institutions are subject to it. Imagine for a short while that they have abolished state sovereignty. There will come an era of anarchy. The highest controlling and regulating institutions can not exist. A single country will be divided into local principalities, clans, which will begin a constant war with each other. Such spheres as education, health care, security will not be able to function. Without a single system of governance, standards, laws, society can not exist in our usual understanding.

Negative consequences of the absence of state sovereignty

History knows many examples when there was no single center of power. These are the so-called periods of dual power. A similar case in our history was in 1917, from the abdication of Nicholas II to the Great October Socialist Revolution, when Lenin's supporters alone took power into their own hands. The experiment is illustrated by the fact that the world war was going on. Chaos in the army, failure to comply with orders, sabotage of workers in the rear, food crises - this is only a small part of the problems provoked by anarchy. Two different systems of power ultimately led to a bloody civil war, which by its victims was not inferior to the world.

The absence of the sovereignty of the state, the inability of the authorities to defend it negatively affects the whole society. So it happened, but our experiment knows, unfortunately, our experiment. After the disintegration of the USSR, a course was taken towards liberalization and, as a result, the destruction of state sovereignty within the country. The authorities, according to the reformers, were supposed to represent the interests of society outside the country. Inside it, there should be no manifestations of statehood in all spheres of society.

This led to disastrous consequences: the "invisible hand of the market" did not regulate economic relations, the famine began, the army lost its fighting capacity, law enforcement bodies were unable to fight crime, unified standards of education were absent. This is only a small part of the problems that fell to our country in the early 1990s.

Types of State Sovereignty

State sovereignty has two types:

  1. Interior. The state has the exclusive right to pass laws, legally to use force.
  2. External. The state can independently pursue foreign policy on behalf of the whole society. International treaties signed on behalf of the government are obliged to be executed by all citizens.

People's sovereignty

We continue to talk about the types of sovereignty. In addition to the state, political scientists distinguish the people. The meaning is that the people, that is, the permanently resident population, act as the subject of power. The most important political decisions depend on people.

The concept of "people's sovereignty" is closely related to the notion of democracy. People, people determine the fate and character of their state. Formally, the types of sovereignty are not prescribed. The RF Constitution does not mention this. However, the Basic Law of the country, in part 1 of Article 3, states that the carrier of sovereignty and the source of power in our country is the multinational people of the Russian Federation.

It is no accident that the Constitution mentions a "multinational people". This means that we do not have a dominant nation that owns people's sovereignty. Yes, there are a lot of Russians in Russia. They are the nation forming the state. This is emphasized by the country's top officials. However, this does not mean that the Russians have exceptionality in the exercise of people's sovereignty.

The people exercise their right to make decisions through various democratic instruments:

  • Referendums;
  • elections;
  • Pickets, stocks;
  • Petitions;
  • Public organizations, political parties, etc.

It is difficult to organize referenda for each case. Utopia of the anarchist Nestor Makhno - every time to collect peasant gatherings - in conditions of large territories and huge population is not feasible. For this, in democratic countries, the sovereignty of the people is exercised through representatives. Our citizens call them "servants of the people".

These are the Constitution of the Russian Federation:

  • President of the Russian Federation.
  • Federal Assembly of the Russian Federation.
  • Parliaments of subjects of the Russian Federation.
  • Representative bodies of local self-government.
  • Jurors in the courts.

People's sovereignty is the right of inhabitants to solve the most important issues in the state.

National sovereignty

We finish the theme "Types of sovereignty" national. This concept means the manifestation in reality of the sovereignty of the nation. Each nation has the right to determine its own destiny, to resolve various issues related to national-state associations, and so on.

National sovereignty is manifested in the preservation of identity, language, and culture. It also includes the right of the nation to self-determination, enshrined in many international legal acts, including the separation of one national territory from another.

A vivid example of the manifestation of national sovereignty is the separation of Kosovo from Serbia. The Kosovo region has traditionally been a territory of Serbs. However, for many centuries here settled ethnic Albanians. Kosovo Albanians became a sovereign nation that considered the territory of Kosovo their homeland. They took advantage of national sovereignty and declared their independence.

The right of the nation to self-determination was also laid down in the first Constitution of the USSR. This was insisted on by Lenin himself, since there were opponents led by Stalin. The national republics were given the right to freely withdraw from the Union. Republics within the Russian Federation can not leave the country under the Constitution, but they also have national sovereignty. It manifests itself in politics within the national republics. The only restriction - local laws should not contradict the federal laws.

So, we have analyzed what state sovereignty is. The concept, its kinds have been briefly considered. Let's sum up.

Results

The independence of Russia, that is, the free right to conduct domestic and foreign policy, is called "sovereignty of the Russian Federation". Its types are: state, national, national. There is no clear distinction between them. These are separate subsystems of a single whole, which forms the country's independence.

Similar articles

 

 

 

 

Trending Now

 

 

 

 

Newest

Copyright © 2018 en.delachieve.com. Theme powered by WordPress.