Basamento Legal De La Soberania

The content includes various constitutional, legal and sub-legal provisions, the texts of which have been taken in electronic form (PDF) from the official websites of national public bodies. The term “popular sovereignty” was established in the face of the thesis of national sovereignty. The French Constitution of 1793 was the second legal text that stipulated that “sovereignty belongs to the people.” Jean Jacques Rousseau, in The Social Contract, attributes to each member of the state an equal share of what he calls “sovereign authority” and proposes a thesis on sovereignty based on the general will. For Rousseau, the sovereign is the people who emerge from the social pact and decree as a body the general will that manifests itself in the law. [Citation needed] According to the theses advocated so far, popular sovereignty implies “that the legal and effective residence of the power of command of a social group is found and exercised in and through the universality of citizens”, especially in democratic states. Thus, universal suffrage becomes a fundamental right, and citizenship status is the same for all, regardless of other considerations, with the exception of age or judgment restrictions. [Citation needed] Schmitt concluded that any legal system is based on a sovereign decision and not on the rule of law. For Schmitt, it is not even necessary for the law to determine who can decide on a state of emergency. There may be a sovereign authority in the relevant jurisprudential sense, even if that authority is not recognized by a positive constitutional law.

All that matters is whether there is a person or institution that is actually in a position to make a decision about the exception. If there is a sovereign who is understood in this way, his power to suspend the law does not require positive legal recognition, since the applicability of the law depends on a situation of normality guaranteed by the sovereign. [3]​[2]​. ARTICLE 2.- National sovereignty corresponds to the people, from whom emanate all the powers of the State, which are exercised through representation. URUGUAYArticle 2.- It is and will forever be free and independent of any foreign power. Therefore, according to Rousseau, everything would be free and equal, since no one would obey or be commanded by an individual, but the general will has a sovereign power, it is the one that indicates the law and the truth, and minorities should abide by it in accordance with what the collective will says. This Russonic conception, which partly led to the French revolution and influenced the emergence of modern democracy, allowed several abuses, as it was murdered and destroyed in the name of the will or the “general” people. This has led to irresponsible attitudes and the abuse of minority rights. The word sovereignty is also understood as the right of a political institution to exercise its power. Traditionally, three elements of sovereignty have been considered as such: territory, people and power.

In international law, sovereignty is a key concept that refers to the right of a State to exercise its powers. Article 9 The official language shall be Spanish. Indigenous languages are also officially used for indigenous peoples and must be respected throughout the territory of the Republic, as they represent the cultural heritage of the nation and humanity. For example, the Spanish Constitution of 1978 recognizes that “national sovereignty belongs to the Spanish people, from whom the powers of the State emanate.” [4] CHILEArticle 5.- Sovereignty resides essentially in the nation. Its exercise shall be carried out by the people through referendums and regular elections, as well as by the authorities established by this Constitution. No part of the people or of an individual can assume responsibility for its exercise. The word “sovereignty” has also played an important role in political theory and the doctrine of international law. However, sometimes the content of this word has been obscured and distorted so that it can be understood in different ways or allow different interpretations, and is therefore a cause of doubt, uncertainty and confusion. The main problem is that with so many definitions of the term as authors, there is no agreement on the purpose of this term in international law. BRASILArt. 1.º- A República Federativa do Brasil, formado pela união indissolúvel dos Estados e Municípios e do Distrito Federal, constitui-se em Estado democrático de direito e tem como fundamentos: PERÚArticle 45.- The power of the State comes from the people.

Those who exercise it do so with the restrictions and responsibilities set by the Constitution and laws. Article 83.- El Salvador is a sovereign State. Sovereignty belongs to the people, who exercise it in the prescribed manner and within the limits of this Constitution. Thus, the concept of popular sovereignty was born of Rousseau, while that of national sovereignty was born of Abbé Sieyès. Both concepts are vaguely given in modern constitutions, although after World War II they strongly took up the concept of popular sovereignty, which is considered closer to the people, who today would have a much higher degree of bourgeois culture and moderation than at the time of the storming of the Bastille in 1789.