주권의 행위규범성 연구

Abstract

We are already familiar with consumer sovereignty, food sovereignty, educational sovereignty and so on. So people are clamoring out their sovereignty in the street. I have defined this new phenomenon as ‘the nature of action norm in sovereignty’. This article explores all sorts of concepts involved in ‘the nature of action norm in sovereignty’. First when we accept the nature of action norm in sovereignty, the abstraction of sovereignty can’t assure the justification of legal order. It needs the concrete justification by the nature of sovereignty action once again. In that sense, the abstraction of sovereignty is realized through the nature of sovereignty action and the latter comes out of the former. This relation between abstraction of sovereignty and action refers to be the potential interaction. Also in sovereignty, the nature of action is different from the exercise method. The sovereign action, the act exerting sovereign power and right, means the public act which exercises the concrete and individual sovereign power and right to ingenerate the legal effect or the transcendental legal effect. And the legal act differs from sovereign action. There are three kinds of sovereign action, that is, inside or outside law and in the boundary space of. Also in sovereign action the decision action and the supervision are. Today in the modern state which shakes the separation of the three powers and links the global networks, sovereign action is very important in mutual checks and balances of state powers in or inter-state. And sovereignty has everyday character and of norm that always carry power and right working daily and lasting. The distinct feature of sovereignty represents both power and right. The power of sovereignty is derived from Being and the right not from a legal standpoint or moral university but is connected by the way of the independent existence. So we can classify individual sovereign action or solidary according to the exercise method of sovereignty, and to take legal effect or not according by occurring legal effect or not. Also there is something distinct from sovereign action, political action and civil act. In the end, I expect that sovereignty doesn’t affect the abstract and false justification of legal order but to be the magnifying glass illuminating the inner parts of legal order with the nature of action norm in sovereignty.