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Les métamorphoses de la souveraineté

Abstract : Since Jean Bodin, sovereignty has been theorized as an absolute power belonging to the State and to the royal power. Sovereignty in French law is exercised by the Nation-State, because of the unwavering and historical link between the Nation and the State. Today, this statement is amended, since the exercise of national sovereignty only passes through the sovereignty of the State. The Nation and the State are integrated into a fragmented world, on a background of globalization, economic and environmental problems. The Nation continues to exist, despite crises, tensions and communalism. If internally, it continues to be confronted with challenges, its interest lies on the external sphere, where it is compared to other Nations. The State adapts itself, internally by implementing decentralization to be closer to its citizens, and externally, by participating in the construction of the European Union. The State is forced to accept competition. It is both actor and spectator of the evolution of its sovereignty. The construction of the European Union provides a genuine experimentation of shared sovereignty. It implements a division of sovereign powers between the States and the Union, which over time, has become increasingly important, to the point that it now touches the core of the State's sovereign power. The decentralization process involves a diffusion of power in the State. It does not call into question sovereignty as such, but rather its absolute definition. The concept of sovereignty is therefore more relative, and its relevance is challenged. However, if the characterization of the power of the State can no longer fully enter the absolute criteria identified by J. Bodin, this power continues nevertheless to be specific. For the State, the issue remains the conservation of its place in the world, mainly in terms of democratic power, based on national sovereignty.
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Submitted on : Thursday, April 19, 2012 - 2:51:35 PM
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  • HAL Id : tel-00689320, version 1


Pauline Mortier. Les métamorphoses de la souveraineté. Droit. Université d'Angers, 2011. Français. ⟨NNT : ⟩. ⟨tel-00689320⟩



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