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Aristotle's Theory Of Sovereignty

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CONFLUENCE OF SOVEREIGNTY WITHIN CONDUIT OF NEW LEGAL ORDER: ANALYSIS OF VAN GEND EN LOOS CASE

1. INTRODUCTION
Competition has been shown to be useful up to a certain point and no further, but cooperation, which is the thing we must strive for today, begins where competition leaves off. -Franklin D. Roosevelt
Being a vital equation to abridge the global eco-politico-legal disparities, the emergence of mutual co-operation between the states by virtue of limiting own sovereignty has remained a quintessential features of the contemporary world. The concept of sovereignty, once relatively uncontested, has recently become a major bone of contention within international law and international relations theory. Rather than presupposing that …show more content…

It only means that the true relation between law and the government is that the law is master and the government is agent. Aristotle holds that 'where laws have no authority, there is no constitution. The law ought to be supreme overall and the rulers should judge of particulars. ' Although Aristotle 's conception of sovereignty falls far short of the modem concept of sovereignty, his notion to keep the law at highest pedestal can be seen through the predominance of rule of law in modern times. Hence, by placing the law at highest pedestal, modern States have moved ahead towards the acceptance of a new legal order. The EU legal order can be termed as the next stage of this notion. The antiquity of the sovereignty perhaps requires a deliberate focus on the treaty of Westphalia which laid down the cornerstone of the sovereignty in modern times. The doctrine is named after the Peace of Westphalia, signed in 1648, which ended the Thirty Years ' War, in which the major continental European states – the Holy Roman Empire, Spain, France, Sweden and the Dutch Republic agreed to respect one another 's territorial integrity. As European influence spread across the …show more content…

It has also been regarded that, the principle of direct effect was first established by the European Court of Justice (ECJ) in Van Gend en Loos case. The prevalence of the Treaty provisions over the Municipal laws have been adhered by the Commission whilst observing that, the legal structure of the treaty and the legal system which it establishes shows on the one hand that, the member states ought not to leave abandoned the rights of the individuals and a mutual commitment towards the establishment of a new legal order for the Community law is very vital. And any obstacle between the applications of the community law within the member states be straightaway thrashed for the ends of comity of

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Even though “sovereignty” may be a concept that has originated in ancient times, it is still very relevant today. The concept of sovereignty could still be seen in modern events, whether at global, national, or domestic level. Sometimes, it is seen as a positive concept, sometimes it is seen as negative. As with everything, sovereignty can have both its benefits and downsides. Last September, Guatemala faced problems when their government wrestled with the United Nations for control on their own national affairs.

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To govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign

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As we have established, if the primary role of the state is to secure and maintain the most possible happiness for the people, the surely an unjust state would not be a state capable of achieving this goal. Monarchies seem the ideal constitution to Aristotle because the virtue of the monarch is not diluted by the potentially selfish desires of others. However, this is also the least stable of the

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In International Relations, various theoretical perspectives are employed to provide a clear framework for the analysis of complex international relationships. One key concept that scholars have strived to fully analyze is “anarchy” and its significance within the International System. Anarchy, as defined by many IR scholars, is the lack of an overarching authority that helps govern the international system. (Class Notes, January 29). Its importance and power to dictate actions between states is often debated and various theories have been used to describe its significance.

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If Plato had portrayed an Ideal State in hid republic which could be built in heaven only, Aristotle came down to earth while drawing the outline of his ideal state. Like a true scientist he does not attempt any impossible scheme in formulating his theory if Ideal State. His ideal state is attainable on his earth. We must first consider not only what is ideal but also what is the best attainable in actual practice. The only difference between a monarchy and an aristocracy is that in the first case virtue is centered in one person.

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