Sovereignty – Wikipedia

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When Sovereignty (also: Sovereignty , National ; years. The superiority of territorial, the right of the territorial ), especially in the 17th and 18th centuries, the supreme power of rule carried out by a sovereign was called a territory in the Holy Roman Empire.

Andreas von Knichen has in his 1600 work Of high and region of the territorial law With the remark that she would vulgo Landes author named, treated the sovereignty without calling them as such. In a German -speaking legal source, the term first met in the country in 1621. However, it has only been proven more often since the beginning of the 18th century. [first]

The term was introduced to scientific literature by the legal scholar Hermann Conring, which in 1643 in his work Exercise of leaders and counts used for the first time. Westphalian peace calls the sovereignty of the state in Art. V §. 30 the right of the territory and superiority . This is translated in 1649 with Land-authority . In Art. VIII § 1 it is that the right to terrorial . The translation of 1649 is: Land rights . In the French design it is as right of sovereignty designated. However, the emperor has rejected all attempts to use this term in official documents until 1806.

The scope and limits of sovereignty are discussed in detail in the works of Reichplicistics, especially in the 18th century. In these writings, which are mostly written in Latin, the main superiority territorial traded. However, there are a large number of German and Latin names for this object, e.g. B. Land (e) S-Princely Obraciness, High Land (e) S-Obrkeit, the right of superiority, the highest power . [2]

As a result of the recipients of the French period Sovereignty Through the one from the French and the Latin superiority Linguistically close concept of sovereignty. In the 19th century it is therefore Sovereignty As synonymous with sovereignty understood. [3] In the scientific literature of the 20th and 21st centuries Sovereignty often used in delimitation to sovereignty.

Sovereignty gave the sovereign’s violence over all residents who are based on his territory, the subjects and land stands. This power of rule was generally all -encompassing. However, it was limited by the basic laws, by habitual rights, by contracts with non -resident persons or other sovereigns, but also by the divine and international law. It was therefore not a full sovereignty until the Holy Roman Empire was dissolved in 1806. It was quite possible that subjects or land stands in front of the Reich Chamber Court brought an action against their sovereign. Corresponding processes have been led there until 1806.

The restrictions of sovereignty regarding the empire were only canceled by its dissolution in 1806. Since then, the sovereign rights of the territories transferred to the German Confederation in 1815 have been referred to as sovereignty. It was not until the establishment of the North German Confederation in 1867 and the German Empire in 1871. The states transferred to the Weimar Republic as “countries” kept this restricted sovereignty without being referred to as such. The countries of the Federal Republic of Germany, which were created in the successor of the Weimar Republic, are equipped according to a decision by the Federal Constitutional Court “with its own state sovereign power”, which is limited by the federal rights.

  • Division
  • Condominium (common rule)
  • Paragium (property and subordinate sovereignty, “country and people”, but without full national sovereignty)
  • Apanage (compensation for the non -end -controlling members of a nobility with land ownership, income from properties or money payments without sovereign rights)
  1. ↑ Sovereignty . In: Hand dictionary on German legal history . 2nd Edition. 2013.
  2. ↑ Evidence of further names at Zedler (see Web links) Sp. 500
  3. ↑ Sovereignty . In: General Encyclopedia of Sciences and Arts . Sect. 2, Theil 41.