State Sovereignty in the Contemporary National, International and Supranational Law

Abstract

Review. The first part of this article explains the concept of sovereignty as a characteristic inherent in the modern State which should be reflected in the supremacy of its authority in its own territory and independence from any external power. This view prevailed in the middle of the 17th century, when the ideathe State is me proclaimed by Louis XIV was relevant to many countries. The sovereignty then was more or less absolute. Today, the situation is different: the supremacy of the authorities of the State within the country is limited by separation of powers and the autonomy of self-governing territorial units, as well as constitutionally recognized rights and freedoms of man and citizen. The independence of States outside is limited to participation in international organizations and treaties with other States. Among the trends in the development of constitutional law it is important to emphasize its internationalization, which is expressed in borrowing foreign experience in constitutional construction, as well as in the synthesis of national constitutional and legal provisions in the universal and regional international instruments. The process of economic, and later political, integration of a number of Western European countries which began in the 50s of the last century lead to the creation of the European Union (EU) currently consisting of 28 States. One of the consequences of the process is the emergence of supranational law governing relations within the integration association along with international law. Supranational law occupies an intermediate position between international law and national law. The possibility of integration is often provided for under national constitutional law. As far as our country is concerned, it is naturally involved in economic integration with other countries, although only post-Soviet countries so far. In conclusion, the question on relations between the European Court of human rights and the Constitutional Court of the Russian Federation is considered.