Проблема государственного суверенитета и ее отражение в творчестве Леона Дюги и Раймона Карре де Мальберга

Abstract

The current article is devoted to the analysis of the problem of state sovereignty. For the purpose of resolving complicated scientific and practical problems of modern times the authors of the article draw the readers’ attention to the necessity of referring to the investigation of historical experience which received its categorial and conceptual reflection in different political and legal theories and conceptions. In connection with it, the authors of the article consider the little-studied views of two outstanding French academic lawyers Leon Duguit and Raymond Carre de Malberg, who lived in the second half of the XIX — the first half of the XX century, on the problem of state sovereignty, popular sovereignty, and national sovereignty. The authors bring to light the similarities and differences of views on the notion and legal nature of sovereignty, analyze critical remarks about the theory of popular and national sovereignty made by L. Duguit and R. Carre de Malberg. The authors of the article come to a conclusion about the importance of maintaining the notion “state sovereignty” as the key value component of the modern world order, including both the area of international law and the internal political sphere of state.