Sovereignty Essay

Sovereignty Essay-32
In his 1576 treatise Les Six Livres de la République ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: Bodin rejected the notion of transference of sovereignty from people to the ruler (also known as the sovereign); natural law and divine law confer upon the sovereign the right to rule.And the sovereign is not above divine law or natural law. not bound by) only positive law, that is, laws made by humans.

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He emphasized that a sovereign is bound to observe certain basic rules derived from the divine law, the law of nature or reason, and the law that is common to all nations (jus gentium), as well as the fundamental laws of the state that determine who is the sovereign, who succeeds to sovereignty, and what limits the sovereign power.

Thus, Bodin’s sovereign was restricted by the constitutional law of the state and by the higher law that was considered as binding upon every human being.

During the Age of Enlightenment, the idea of sovereignty gained both legal and moral force as the main Western description of the meaning and power of a State.

In particular, the "Social contract" as a mechanism for establishing sovereignty was suggested and, by 1800, widely accepted, especially in the new United States and France, though also in Great Britain to a lesser extent.

With the rise of globalization, the sovereignty of the state is now being undermined.

It has become an undisputed fact that the world has evolved to a new level of globalization, the transferring goods, information, ideas and services around the globe has changed at an unimaginable rate.

Lastly, Interdependence sovereignty deals with the capability of public authorities to regulate the flow of information, goods, people, pollutants, or capital across borders from their state (Krasner 5).

While these are four different definitions of sovereignty, De Benoist says that traditional sovereignty has either one of two definitions: The first of the two definitions is “the capacity of the public power to impose its authority”.

Despite his commitment to absolutism, Bodin held some moderate opinions on how government should in practice be carried out.

He held that although the sovereign is not obliged to, it is advisable for him, as a practical expedient, to convene a senate from whom he can obtain advice, to delegate some power to magistrates for the practical administration of the law, and to use the Estates as a means of communicating with the people.


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