STATE SOVEREIGNTY AS A POLITICAL AND LEGAL CATEGORY: THE APPROACHES TO THE IDENTIFICATION AND INTERPRETATION
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 1, Issue
Abstract
The article investigates the historical, legal and theoretical aspects of the legal definition of state sovereignty as a political and legal categories. The main approaches to the formation of the concept of state sovereignty and interpret its meaning today. Based on the analysis of the trends predicted further development of the doctrine of state sovereignty and its legal support within the national legal and political system. As a result of analyzed theoretical and methodological approaches to the definition of state sovereignty, it can be concluded that State sovereignty in accordance with the classical theoretical and methodological views organically comes out of people’s (national) sovereignty, but in future the sovereign as the bearer of actual sovereignty as a set legally defined authority of a state for state sovereignty by the functioning of public authorities in certain territorial limits being organized political nation (nation state). Meanwhile, the doctrinal models and definitive determinations statist orientation refers to the absolute interpretation of sovereignty and sovereign rights of States which are inherent in the first place, discourse, formed under the influence of the classical «Westphalian» perception of full independence of the nation state as in domestic affairs and in external relations with other sovereign entities legal life. Under the direction of the other legal theory studies the nature and content of state sovereignty is explained in the context of people’s (national) sovereignty and political understanding of a nation (nation state) as the exclusive source of any particular sovereign rights and powers of a sovereign public authorities. So, in general socio-philosophical sense of sovereignty inherent qualities of the state, the particular integral political nation as its creator, but in a specific historical period certain sovereign rights of states can somehow base on the real internal and external capacity state ensure their vital interests and welfare of the citizens, the answer to today’s complex internal and external challenges, threats and dangers.
Authors and Affiliations
В. В. Гавриленко
Keywords
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- EP ID EP490216
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