Abstract

The concept of state power represents the dominant theme of the whole political philosophy. The concept of sovereignty, which in contemporary epoch became the norm of constitutional law and unanimously recognized principle of international law, has concerned philosophical minds since antiquity to nowadays. The best minds of humanity contemplated about the essence of the state power. The major thinkers of all times were finding out the answer to the question “How should be organized the state so that all people to be happy?” The answer to this question is connected with the concept of sovereignty, which was developed during the humanity’s history. The idea of sovereignty refers to the state body or the person who exercises state power. So, for each epoch is characteristic its own vision of this concept, that reflects, on the one hand, the entire structure of society, and, on the other hand, the state’s ruler position. The sovereignty, which appeared as the concept in the Greek Antiquity, was developed in the Meddle Age and Modern Era and fully formed in the contemporary era, being the component part of majority national constitutions. This article is a study dedicated to determining the specific aspects of sovereignty in the background of the idea’s history. A doctrinal and practical interest in the concept of sovereignty is based on the political and legal dimension of this notion in the actual state construction. As a result of this research, we aimed to determine the role and the regulation of sovereignty in the cotemporaneous state order at national and international level. This research paper focuses on the presentation of the philosophical aspects of this concept of constitutional law.

Highlights

  • 1.1 The Importance and the Actuality of the StudyThe purpose of the research

  • Philosophical and legal study of sovereignty, we aimed to identify trends in evolution of this concept and the importance of the classical philosophical theories on the actual perception of “state sovereignty” in the current conditions of intensive cooperation between states during the process of contemporary globalization both at national, regional and international levels

  • Sovereignty represents an inherent attribute of state power

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Summary

Introduction

Philosophical and legal study of sovereignty, we aimed to identify trends in evolution of this concept and the importance of the classical philosophical theories on the actual perception of “state sovereignty” in the current conditions of intensive cooperation between states during the process of contemporary globalization both at national, regional and international levels. In this context, we investigated the problem from the aspect of dialectical evolution with the identification of the negative aspects of globalization. To achieve the identified goal, we have outlined the following objectives: to identify the fundamental elements of the genesis and evolution of the philosophical concept of sovereignty; to identify the specific aspects of notion of this concept, that was promoted in the Antiquity, Meddle Age, Modern Era and Contemporary Epoch, to analyze the concept of state ruler, characteristic for each epoch, to establish the essence of the concept of sovereignty elaborated during the Enlightenment Epoch, to identify the international law’s approaches of the recognition and guarantee of state sovereignty; to determine the legal and practical aspects of the exercise of sovereignty in the regional framework – European Union; to perform an comparative approach of state sovereignty at different periods of the formation of this concept; to determine the importance of the philosopher’s ideas in the modern constitutionalism; to analyze the specific aspects of the legal regulation of sovereignty in the Republic of Moldova

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