АБСОЛЮТНІСТЬ ДЕРЖАВНОГО СУВЕРЕНІТЕТУ В УЯВЛЕННЯХ МИСЛИТЕЛІВ ХVI – XIX СТ.

Autor: В. С., Мельниченко
Předmět:
Zdroj: Uzhhorod National University Herald Series Law; 2024, Vol. 84 Issue 4, p311-317, 7p
Abstrakt: The article highlights the issue of classification of the concepts of state sovereignty, which is of key importance in ensuring peaceful and equal coexistence of states. It has been established that the most expedient is the classification of ideas about state sovereignty precisely at the stage of its formation and formation in the political life of European states in the late Middle Ages and Modern Age according to the criterion of its absoluteness and relativity. It is found that even given the widespread prevalence of these competing ideas, unity on the main provisions of each of them has not been achieved. Based on the idea of the possibility of limiting the state’s sovereignty, which has long been very popular, it was found that representatives of the scientific community within the period under study were divided according to this criterion into: supporters of the concept of absolute sovereignty, who denied any possibility of limiting sovereignty, considering it unacceptable; supporters of the concept of absolute sovereignty, who allowed certain restrictions; supporters of the concept of relative sovereignty, who declared certain restrictions on sovereignty; supporters of the concept of relative sovereignty, who stated the existence of the possibility of transferring part of sovereignty to interstate entities. In general, the essence of the idea of absolute sovereignty is seen in the unlimited or almost unlimited power of the sovereign, who is not responsible for his or her actions. It is stated that such ideas are the basis for the interpretation of the content of sovereignty by authoritarian and totalitarian states. At the same time, the evidence that the category of sovereignty is viewed through the prism of democracy is the promotion of the ideas of the European space unity, consolidation of the concepts of external and internal limitations of the state, which emphasizes the readiness of states to sacrifice for the common good – peaceful coexistence on the basis of equality, justice and humanism. Thus, this classification helps to establish the historical foundations of different interpretations of the content of sovereignty by the states of competing legal systems and allows to form a conceptual framework for the idea of state sovereignty at the stage of its approval in the international legal system. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index