Suverenost, ljudstvo in človekove pravice

Autor: Teršek, Andraž
Jazyk: slovinština
Rok vydání: 2013
Předmět:
Popis: Članek obravnava štiri vidike suverenosti. Prvi vidik je teoretična predpostavka, da je politična oblast utemeljena s suvereno odločitvijo naroda kot nosilca neodtujljive pravice do politične samoodločbe in samobitnosti. Pojem naroda gre razumeti kot skupek zgodovine in tradicije, temeljnih pravil, načel, vrednot, pričakovanj ipd. Je širši od pojma ljudstva kot skupnosti določenih in živečih posameznikov. Ljudstvo ni suvereno, tudi ne njegova volja. Ljudstvo je v slovenski predstavniški demokraciji (le) nosilec oblasti za vzpostavitev in legitimacijo vladajoče strankarske politike. Svojo neposredno vez s suverenostjo izčrpa z volitvami. To je drugi vidik. Tretji vidik je dejstvo, da je državna oblast le bolj ali manj avtonomna, ne pa dejansko suverena. Suverenost kot politični in moralni koncept zahteva očitno in prepričljivo vez s temeljnimi človekovimi pravicami in svoboščinami ter s človečnostjo, kot smotrom in ciljem suverenosti. Njim gre pripisati suverenost – kot politično in moralno kakovost. Tako je tudi v Republiki Sloveniji, kjer je uveljavljen model temeljske ustavne demokracije. The concept of sovereignty has a different meaning in the modern state as it had in the absolutist era. Nowadays we can no longer speak about any kind of political authority, king or ruler, parliament or even God, as being de facto sovereign. The political power or authority, represented in three branches of the Government (legislative, administrative and judicial) and exercised over national territory and the people of the national State is not sovereign. The political will and the formally binding decisions of such political authority are not superior, free of anything above them. Such sovereignty of the political authority does not exist anymore. If we still want to use the concept of sovereignty, we have to partially redefine it and clarify its theoretical understanding on one side and find the spot in political and legal system that can grant the character of sovereignty on the other. By doing so one should especially emphasise four aspects of the sovereignty. The first is represented by a theoretical presupposition that every political authority is founded on the sovereign decision and political self-determination of the Nation. The Nation has the unalienable right to the political self-determination and political self-being. The concept of Nation is also broader than the concept of People. The latter should be understood as a politically organized community of existing and concrete individuals, subordinated to, and legally connected with a particular and collective body of political authority – the Government or the State. Te concept of Nation mainly represents history and tradition, fundamental rules (norms), principles and values, basic aspirations and expectations shared by generations of a particular and definable community of individuals as the people, wanting to live in a politically organized community and claiming the right to political self-determination and self-being.The People as a concrete and present, politically organized group of individuals are not sovereign in the Slovenian parliamentarian and representative democracy, with the system of free and equal ballot. They are connected with the sovereignty only as a part of the Nation in the broader sense and only as anelectoral body (voters), when it comes to the elections. The will of the People, expressed through an ordinary referendum is not a sovereign will. The People as a community of politically organized and concrete group of individuals are after all only holders of the political authority, assigned to establish and organizationally legitimize the representative government, established as the party coalition. Popular sovereignty is at its best a result of a direct connection between the political authority of the People (popular authority) and the sovereign right to political self-determination and self-being of the Nation. It seems fair to say that such popular sovereignty is drained out with electing the government and so legitimizes its political authority. This is the second aspect of the concept of the sovereignty.The third aspect of the concept of sovereignty is represented by a presupposition of the sovereignty of the State. In fact the State or the Government as its authoritative representative is more or less autonomous or superior to its territory and citizens, but not genuinely sovereign. In empirical, political and legal sense, the political authority of the State is subordinated to supranational organizations, global political process and international law. In a sense of political morality and constitutional philosophy the authority of the State must be observed as being in function of the fundamental political goal, which is the institutional assurance, protection and exercise of fundamental human rights and freedoms and of fundamental principles of the rule of law, democracy, equality, respect, dignity etc. after all, the Humanity. The State has an institutionalized responsibility to act with a clear and convincing intent to fulfill this goal.The sovereignty does not represent a purpose of its own, not even a hollow concept. It seems there are convincing, political and legal, rational and moral arguments in favour of locating that spot in the political and legal system, which can be recognized as having the character of sovereignty, its political and moral value. We should attach the sovereign character or sovereignty as a political and moral quality to the internal, morally founded and rationally recognized essence of the fundamental human rights and freedoms and of the fundamental principles, such as (material and genuine) democracy, rule of law and sociality. The sovereignty is the quality of the political self-being and of the Nation’s right to self-determination, the foundation of the state’s autonomy or connected to any political authority as long as a clear and convincing connection (bond) with the fundamental human rights and freedoms, and with the Humanity exists. These are political and moral presuppositions of the sovereignty. These are also the purposes and goals of a political process. So the concept of the sovereignty as a political and moral quality should be recognizable to the fundamental human rights and principles and to the concept of humanity. These are the reasons and criteria for claiming the political and legal autonomy of the State and for the legitimacy of any political authority.In such theoretical conceptualisation every individual stays indirectly connected with the sovereignty as long as he or she claims and executes the same fundamental principles (norms) and principles, that are determined with unalienable fundamental human rights and freedoms, fundamental principles of democracy, rule of law and sociality and with fundamental values, enabling the people to be their creators and subjects. The most important assignment of the Government as the executing political authority, which is tied to the Humanity, must be the assurance of the equality and dignity of every individual as a person and as a creator and subject of the fundamental human rights and freedoms.The Slovenian democracy is a parliamentarian and representative democracy in organizational sense. But it has a deeper political and legal quality. The Slovenian democracy must be addressed as a constitutional democracy and as an example of the (model of) democracy of fundamental rights, freedoms and principles (fundational democracy). In the Republic of Slovenia the fundamental human rights and freedoms are sovereign.
Databáze: OpenAIRE
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