السيادة و معضلة الديمقراطية الحديثة في فلسفة كارل شميت

Abstract EN

The modern state combines two characteristics that cannot be combined : sovereignty and democracy.

Trough the act of sovereignty, the state expresses its independence and its ability to establish security within its soil and through the principle of democracy; it expresses its legitimacy and the purpose of its existence.

There is no legitimacy for any country whose sovereignty does not emanate from the will of its members, nor is there any justification for its existence away from serving its citizens.

The combination of sovereignty and democracy did not present any dilemma for ancient peoples, whether in Greek or Roman cities, because no one was allowed to monopolize power.

Unlike the ancient peoples, the combination of the need for sovereignty with the principle of the rule of the people was not easy in modern times due to the social and economic transformations that modern societies have known.

In order to overcome this dilemma, the modern state was established on the principle of the rule of law, which it fortified with two other principles : representative governance and the separation of powers.

Thus, the belief that the framing of political practice with these tree principles enables the realization of state sovereignty and emocracy.

Do these principles really spress the sovereignty of the people and does the act of sovereignty need legalization and institutionalization ? systems, this article concluded that the principles raised by the latter do not in fact reflect the will of peoples, but rather are inspired by the liberal ideology adopted by the modern state, which combined political practice and economic activity.