Understanding National Sovereignty: Contours and Limits in the French Constitution and Declaration of the Rights of Man.
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National sovereignty, sovereignty, nation, people, Constitution, Declaration of the Rights of Man and of the Citizen, DDHC, legitimate authority, Republic, sovereignty contours, exercise of sovereignty, referendum, representatives, limitations of sovereignty, organization and defense of peace, General Theory of the State, Raymond Carré de Malberg, collective and indivisible sovereignty, national sovereignty principle, Article 3 Constitution, Article 3 DDHC, sovereignty concept, state competence, external interference, political choices, economic choices, cultural choices, Jean Jaurès, politician, socialist, 1958 Constitution, Preamble to the Constitution of October 27, 1946, France, National Constituent Assembly, General de Gaulle, despotism, fractions of the people, sovereignty exercise modalities, sovereignty limits, state sovereignty, public law, sovereignty theory
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Abstract
"Discover the foundations of national sovereignty as outlined in Article 3 of the French Constitution and Article 3 of the Declaration of the Rights of Man and of the Citizen. Learn how sovereignty belongs to the people, exercised through representatives and referendum, and understand the contours and limits of this fundamental concept in public law, ensuring the right to self-determination and protection against external interference and despotism."
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[...] Thus, sovereignty and the people are intrinsically linked for the Constitution, or sovereignty and the nation for the DDHC. There is no legitimate authority other than that which flows from the sovereign people, the sovereign nation. Legitimacy stems from numbers. In fact, the people when making their choices, express both the will of each and the will of all. Although the historical context diverges (French Revolution on the one hand and Fifth Republic on the other hand), the ideas, the principle and the foundations are the same on the side of the two articles. [...]
[...] In fact, the international commitments taken by France have a direct impact on its autonomy. Thus, a decision made on December by the Constitutional Council imposed a revision of the Constitution before any ratification by France of the Amsterdam Treaty. A previous decision of the Constitutional Council dated December 'had declared in accordance with the Constitution the decision of the Council of European Communities relating to the election by universal direct suffrage of the European Assembly » (Site of the Constitutional Council). [...]
[...] This encadrement also gives rise to certain limits around the principle of national sovereignty. B. Certain limits to sovereignty The limits to sovereignty do not directly follow from the commented articles, but they have taken place in political life. Thus, for example, Article 15 of the Preamble to the Constitution of October provides that « Subject to reciprocity, France consents to the limitations of sovereignty necessary for the organization and defense of peace. In general, these limits intervene in the relations of France with Europe and more precisely with the European Union. [...]
[...] Article 3 paragraph 1 of the Constitution and article 3 of the Declaration of the Rights of Man and of the Citizen - What are the contours of national sovereignty as exposed in the first paragraph of article 3 of the Constitution and in article 3 of the DDHC? INTRODUCTION TO PUBLIC LAW Theme Sovereignty - Comparative Commentary 1st paragraph article 3 of the Constitution and article 3 of the DDHC Jean Jaurès, politician, socialist, wrote « The Republic is the right of every man, regardless of his religious belief, to have his share of sovereignty. » The fact for man to hold a share of sovereignty is then established as a right. [...]
[...] The question that arises in this case is the following: What are the contours of national sovereignty as exposed in the first paragraph of Article 3 of the Constitution and Article 3 of the Declaration of the Rights of Man and of the Citizen? The texts are unanimous on the fact that national sovereignty belongs to the nation/people It also follows from these texts that the exercise of sovereignty is both framed and limited (II). I. A national sovereignty belonging to the nation, the people National sovereignty belongs to the people in such a way that it gives rise to a certain legitimate authority Therefore, any illegitimate authority, not emanating from the people, is rejected A. [...]
