Sovereignty Theory Of Sovereignty

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Introduced by the French philosopher Jean Bodin in 16th-century France to legitimize the power of the king over feudal vassals, sovereignty has over the last centuries arisen through the ranks of the most contentious concepts in political science and international law as it often deals with the intricate balance between the ‘state and the government’ and ‘independence and democracy’. Many philosophers have therefore cracked their heads over the question what sovereignty entails, and although multiple definitions and interpretations have come up, a recurring definition revolves around some form of authority. One of the most influential philosophers who has written about this interpretation of sovereignty as authority is the 20th-century philosopher…show more content…
With this, Pogge attempts to show that law-governed coexistence is possible between and within states without a sovereign and unconstrained agency. He therefore does not see the necessity to have one sovereign authority. However, even if assumed that sovereignty can be dispersed over multiple layers, these layers still have to uphold constitutional legal norms when applying their sovereignty. This is exactly what Schmitt indicates as a major flaw of liberal constitutionalism as it puts an emphasis on legal norms that is too great; legal norms presuppose a form of social normality, a situation under normal circumstances, which makes them unfit to be applied to extra-legal situations. The state of exception, often a situation of grave danger like a threat to national security, requires immediate decisive action. Because these situations cannot be codified in the existing legal order, trying to solve states of exception by means of a continuing application of the conventional law will only lead to more chaos, while it simultaneously inhibits decisive action to solve the emergency. This strengthens Schmitt’s claim that a polity should have the ability to suspend law in case of an emergency situation. When a certain person or institution has the ability to temporarily set the law aside and the capability to subsequently use force beyond the law to stabilize the emergency, Schmitt considers them to be the legitimate sovereign authority. This argumentation once again refers back to his account of sovereignty as “he who decides on the state of

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