The Sovereignty of the State and Sovereignty within the State: A Comparative Analysis
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Sovereignty, state sovereignty, internal sovereignty, external sovereignty, Jean Bodin, Carré de Malberg, Sieyès, Rousseau, theocracy, democracy, oligarchy, monarchy
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Abstract
This document provides an in-depth analysis of the concept of sovereignty, distinguishing between the sovereignty of the State and sovereignty within the State. It explores the historical development of the concept, its application at the internal and external levels, and its relevance in modern times. The document is a valuable resource for students of political science, law, and philosophy.
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[...] Once the term sovereignty is defined, it is necessary to distinguish between the sovereignty of the State and sovereignty within the State. This distinction was made by Carré de Malberg, a French positivist jurist and constitutionalist. More specifically, Carré de Malberg distinguished between internal sovereignty (internal criterion) and external sovereignty (external criterion). The sovereignty of the State can be likened to the state power itself in that it derives from no other power and has no equal in the internal and international order. [...]
[...] In other words, the sovereignty within the State, also called the internal criterion, is the fact for the State to exercise its independence. Finally, these two legal notions are intimately linked in that they are interdependent on each other. In fact, the effectiveness of one allows the existence of the other. As a result, to what extent is sovereignty applied at the internal level and at the external level? If it is advisable to operate a distinction between internal sovereignty and external sovereignty it is not necessary to disregard their complementarity (II). [...]
[...] - Introduction The sovereignty of the State and sovereignty within the State Jean Bodin (1530-1596), in his work "The 6 Books of the Republic» (1576), defined sovereignty as an essential attribute of the State. Thus, he advanced the idea that ""sovereignty is the absolute and perpetual power of a Republic ». Originally, Jean Bodin advocated in his work a monarchical sovereignty without excluding other principles of sovereignty. Nevertheless, today Jean Bodin's writing still seems relevant in that it allows us to question the conditions for the establishment or maintenance of the republican form, the effectiveness or not of sovereignty. [...]
[...] The nation is therefore distinct from the individuals who compose it. The consequence of exercising this sovereignty is that the citizen is passive. In this case, there will be a representative mandate, the electorate becomes a function and the vote becomes censitary. Rousseau, on the other hand, developed the theory of popular sovereignty, where the people are the holders of sovereignty. In other words, each citizen holds a fraction of sovereignty and has the right to participate directly in its exercise. [...]
