Modernity Crisis Of The Sovereignty

Sovereignty is the basic element of the country, and it is one of basic categories of the theories of constitutional law, too. Sovereignty and the thought frame shaping around sovereignty show the mostly characters of political argue, analysis and decision in the present age. The way that describes and understand the world though sovereignty can be named sovereignty theory or sovereignty discourse. But the sovereignty conception never shows so much dispute and contradiction like today. Never inside or outside, it also shows disputing endless. The illegibility and misunderstanding on sovereignty is the mostly reason that gets the sovereignty theory into crisis. Not only the traditional sovereignty theory seems off time under the background of globalization and unification. But also the traditional sovereignty theory itself has some problems ignored or concealed. Today these problems have shown through the chance of globalization. Sovereignty's crisis is not in globalization but in itself. This dissertation tries to remove the much dense fog through historical reorganization, goes deep into the historical depth to research, gets rid off the myth vestments, and returns to its essence. This dissertation has 5 chapters and totals to 160,000 words.The first chapter is the preface that generally introduces the traditional understanding on sovereignty. Inside, the first section and the second section start with the relation between sovereignty and state and the relation between sovereignty and constitution to unscramble sovereignty from the intercourse between sovereignty and outer system. In every relation they carry on the discussion separately from two routes: liberalism and republicanism, so that they can completely hold the understanding on sovereignty. The third section discusses the problems in the sovereignty's traditional credo and the solving of the problems. The liberalism uses the separated conflicting paradigm to observe the world. On the contrary, the republicanism uses harmonious sight to observe the word. The republicanism thinks that the state is a political community which growes up from a inosculating organization harmonizing and managing complex social divide; sovereigntyconnects not with the state but with members of the state and embodies in the members' autonomy; constitution comes into being on the base of weighing plural interest and power. So in the republicanism, constitution has a detached position with the makeup of the community and sovereignty ought to be under constitution. The form and development of the sovereignty's traditional credo are under the effect of the liberalism. So the contradiction and problems of the liberal oneness also are embodied in the traditional credo. To solve these problems, one side we should use republican world view to revise the liberal bugs. On the other hand we should save or absorb the liberal advantage into the republicanism. Only on the base of the union of the republicanism and the liberalism, can we correctly understand sovereignty and make it adapted to the times development.By tracing, the second chapter expounds the sovereignty's essence in traditional credo from historical origin and production state. In the history, the rise of the modernity movement or thoughts is the most element that brings the liberalism and the nation-state sovereignty to birth. The first section discusses what is the modernity and simply introduces such questions as the content, historical background of the modernity, etc. The second and third sections separately discuss two forces in modernity: internality force and apriority force. The former results in the birth of the humanism and subjective right. And the latter arises the birth of the state sovereignty and sovereignty's traditional credo. The humanism represents a thought that puts human in the first position and mostly safeguards individual dignity. It lifts hominine position, demotes godly position, and uses human as start and end of everything. Sovereignty's traditional credo absorbs resource from the ownership, father right and Caesarean imperial power of Rome law. It thinks that the sovereignty is limitless, the sovereignty can't be divided, and the sovereignty belongs to state.In modernity, the antinomy and combat between the internality force and the apriority force also continue in sovereignty conception. Under its effect, the sovereignty conception divides: the owner of power is apart from and contrary to the object of power. This division makes the sovereignty's development get into serious crisis. For solving the crisis, modernity must try to look for a new way that canrepair the rupture. These are what the third chapter discusses. In the chapter, the first section expounds modernity's try for repairing the sovereignty's rupture, which is relating sovereignty to nation and developing state sovereignty to nation-state sovereignty. The second section narrates the result of this repairing try. It failed. Though apriority force uses the name of nation, internality force impels the development and establishment of human right principle, globalization movement and new liberalism. They form strong challenge to nation-state sovereignty from value, reality and theory. To this repairing try, the third section analyses the reason of its failure from history and essence. In history, nation-state sovereignty is the production under special historical phase and special background. In essence, nation-state sovereignty implies terrible totalitarian meaning never inside or outside.The failure of repairing impels the retrospect for sovereignty. Do we need sovereignty, too? If not, so we have no need to keep on at sovereignty. If need, so which structure should we base sovereignty on. Which kind of sovereignty is it? The forth chapter is the answer for these questions. In the chapter, the first section shows the need of sovereignty's exist by a clear attitude. Because as the results of modernity, humane right principle, globalization movement and new liberalism do not completely get rid of the effect of modernity to some extent. Though from theory to practice, nation-state sovereignty encounter huge impacts, this impacts have limit. They impel new development of sovereignty, but not quietly deny sovereignty. The second section and the third section explain that the exist of sovereignty must be based on social force, must realize the chance from nation-state sovereignty to constitution-state sovereignty.The fifth chapter discusses the result of retrospecting sovereignty's crisis, that is removing the much dense fog around sovereignty, reverting to sovereignty's original face, regressing commonality. The first section discusses what the sovereignty's commonality is. In essence, the commonality means that sovereignty is a common power. In content, the commonality means that sovereignty belongs to citizen, that sovereignty has limit and that sovereignty can be divided. The second section discusses the representation of sovereignty's commonality. Sovereignty'scommonality is the union of republic spirit and liberal style. It not only requests civil active join, which represents join politics and freedom of association, but also requests protect civil right, which represents constitutional majority principle and minority principle. The third section looks over some possible sovereignty form in global governance from the point of development.