THEORETICAL-LEGAL STUDY OF THE CONCEPT AND ESSENCE OF STATE SOVEREIGNTY
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
The article is devoted research of concept and essence of state sovereignty. The problem of state sovereignty is the subject of a multifaceted study of legal science. Theory and practice of sovereignty significantly affect all public, constitutional and political processes leading to their transformation, modification, limitation. There is a need of deep research, of sovereignty, of its signs and modalities, places and values within the political and legal categories. In modern conditions of globalization and increasing integration processes there is a need for a new approach to the theoretical and legal basis of certain aspects of the concept. State sovereignty is a complex legal and political structure, fundamental knowledge of the content and features the implementation of which requires the integrated use of a wide multidisciplinary approach that is explained in the first place, the multiplicity of aspects inherent in state sovereignty, in the broadest sense – internal and external; theoretical and practical, General and specific state and the like. State sovereignty in accordance with the classical theoretical and methodological views organically arises from people's (national) sovereignty, but the sovereign as the bearer of actual sovereignty as a set of legally defined authority is the state which exercises sovereignty through the operation of public authorities in the specific territorial framework of the organized political life of the nation (nation state). The idea of the sovereignty series unfolds according to the «state sovereignty», «sovereignty of the people», «the sovereignty of the nation». These three are the personification of sovereignty, however, in modern democratic conditions develop simultaneously, mutually determining and mutually constraining each other. State sovereignty and the sovereignty of the nation, reflects the state organization of the people. The sovereignty of the nation, in turn, is essentially a form of manifestation of popular sovereignty, which is the meaning of democracy
Authors and Affiliations
Oleksandr Marushchak, Dariya Babich
Keywords
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