Paper's abstract

Franco Fardella, The dogma of the sovereignty of the State. An appraisal
An historical presentation of the notion of sovereignty going up to Bodin allows us to isolate the concept of State personality. With Kelsen, this concept disintegrates and is excluded from legal problematic. However it seems that sovereignty is the distinctive mark of the State, what guarantees its unity. This leads to a double discrepancy: sovereignty regarding legal order and State towards the normativist theory. The State is actually a person, but a real person before being a legal person. It can therefore not be thought of without the help of sociology. Ultimately, the real person of the State as well as the State of law itself is defined through systemic integration processes.

Key Words : sovereignty, state, Bodin, Kelsen
t. 41, 1997 : p. 115-133