Man has always been a herd creature - none of us can exist outside of society. Therefore, people have long been creating social formations. The first were communities based on the kinship of their boats. Further development led to the emergence of tribes. But with the evolution of social relations, such formations ceased to cope with the function of coordinating the activities of people, since society was constantly growing. Therefore, over time, tribal communities become states.
Such structures are distinguished by the presence of power, centralized governing bodies, legal methods of influence on society, etc. The external characteristics of countries are of great importance. If tribal communities practically did not enter into external relations with other formations, then in the modern world, states actively interact with each other. But in order for a country to be a subject of international relations and be recognized by other similar formations, it must possess sovereignty.
This phenomenon has been actively studied since the emergence and establishment of democratic trends. This has led to the fact that today sovereignty is a complex category, built on its own principles and having certain types.
Concept of sovereignty
As mentioned earlier, the state is a complex social formation. Sovereignty, in turn, is the basis of its direct construction. It should be noted that this is primarily a legal concept. It, along with the territory, population and power, is part of the legal regime of each state separately.
Sovereignty presupposes the real independence of the country in both internal and external relations. It should be noted that there are several identical concepts that characterize the independence of narrower social groups than the state.
History of the term
The principle of sovereignty or the category of sovereignty appeared in legal science for a long time. The concept was first introduced by Jean Boden, a politician who lived in the 16th century. Initially, the complete independence of the state was not assumed by sovereignty. The category was characterized by the unlimited power of the suzerain as opposed to his vassals.
That is, sovereignty is the supreme power of the monarch. Such an interpretation appeared due to the specifics of regulation of interstate relations in those days. Indeed, almost all activities were coordinated by the rules of canon law, according to which the Pope was recognized as the supreme ruler.
The conclusion of the Peace of Westphalia shook this state of affairs. According to this agreement, states gained sovereignty at the level of internal affairs and in the field of trade relations. Of great importance was the territory of the state. It was she who became the main measure of the existence of the mentioned social category.
Signs of sovereignty
Any legal phenomenon is characterized by certain features. Thanks to them, it is possible to distinguish a specific category as absolutely independent. As mentioned earlier, sovereignty assumes the existence of independence of external and internal orientation. Based on this, a number of key features of two types can be distinguished:
- The internal signs of sovereignty are recognized: the supremacy of power and its independence. The first aspect indicates the unconditional prevalence of power on absolutely all persons residing in the territory of the state. Supremacy in this case is ensured, firstly, by laws, and secondly, by the existence of a coercive mechanism. As for the independence of state power, this aspect is characterized by independence from the influence of other types of authorities.
- There are also external signs of sovereignty. The main one is the independence of the government from foreign influence. In other words, any states should not coordinate the activities of the country and dictate their own conditions. In addition to this, there is a sign of legislative monopoly. It implies the impossibility of issuing normative acts in the territory of a particular country by the authorities of a foreign state.
Thus, sovereignty implies complete freedom of the country from any kind of influence. Therefore, this category can be described as a complex legal phenomenon.
Sovereignty in international relations
The category presented in the article plays a great role in the process of interconnection between countries. It is one of the key principles of international law. It is enshrined in most modern acts, for example, in the UN Charter.
The essence of sovereignty is that exclusively independent states can enter into international relations. That is, integral, political and social “organisms” in which the rule of law, legitimacy and independence of power prevail. In other words, independent states are key “players” in the international arena.
Types of Sovereignty
The presented legal phenomenon has several species branches. As mentioned earlier, the classification is based on the size of a particular social formation, which is attributed to sovereignty. In accordance with this, three main types of independence can be distinguished, which are highlighted in the constitutional law of many countries, including in the Russian Federation, for example:
- state sovereignty;
- folk;
- National.
The first type characterizes independent states, as already mentioned. In turn, the sovereignty of the people and nationality, or ethnic group, is characterized by some specific aspects.
Population independence
Popular sovereignty implies democracy. In this case, there is nothing to do with the independence of the state structure. Because popular sovereignty determines the freedom of society in the process of realization and creation of power. This category is characterized by two main features, namely:
- people own, without exception, all power in the state, which it exercises through representative bodies;
- the people have the right to exercise power directly.
This category plays a significant role in the process of building a state. After all, the sovereignty of the people’s power is the basis of democracy in its classical form. A similar state of affairs, in which society is the main source of activity of the country, today exists in most countries. For example, the sovereignty of the Russian Federation is built, first of all, on the supreme power of the people, which exercises it through central bodies.
National independence
There is a kind of national sovereignty. In most cases, it is identified with the popular, but these categories are completely opposite.
National sovereignty proceeds from the international legal principle of the self-determination of a nation. That is, any, without exception, ethnic group can determine its own form of government, the structure of society, the economic system, etc. This possibility is inherent in any nation.
Sovereignty of this type is largely determined not by law, but by the historical development of mankind. That is, at some point, this or that nation is aware of its vital interests and creates a qualified socio-political structure. In the theory of constitutional law, it is believed that the sovereignty of nationality complements state.
Sovereignty of Russia
The Russian Federation today is an independent and democratic state. Its sovereignty is based on the supremacy of the power of the people and certain legal documents. In this case, it should be noted that in Russia there is one key document that regulates the political and legal foundations of the country, including sovereignty. The constitution is a similar legal act.
It contains provisions that officially enshrine the independence of the state in internal and external relations. Of great importance is the declaration of sovereignty. This act in due time secured the exit of the RSFSR from the Soviet Union and the creation of a new state - the Russian Federation.
Possibility of intervention
According to modern international legal trends, sovereignty implies the obligation of the state to protect its population from any threats. If it is not possible to fulfill this responsibility, it will be entrusted to the international community. That is, in this case, there is a direct possibility of external interference, violation of the sovereignty of the state.
Thus, the existence of any state is determined by its freedom in external and internal relations. This is possible only if there is sovereignty - a complex legal phenomenon, the study of which does not stop to this day.