National sovereignty and lawmaking

A democratic state involves the existence of a fundamental Law which expressly states values and democratic principles that are universally, internationally and regionally recognized. Specialized literature has shown that the mission of the modern state can only be fulfilled by a public power that is its essential characteristic, namely, through sovereignty [1]. The connection between sovereignty and political power is reflected in the complex relationships between the principle of separation and balance of powers, rule of law, political pluralism and state institutions and organizations. Keywords: state, sovereignty, political power, lawmaking, supremacy, independence. "The idea of sovereignty (...) appears as irrelevant in a non-state society where there is no government separately organized by the society itself [2]. The modern doctrine of international law considers that sovereignty "as an institution (...) appears when states begin to exist [3]. In a concurring opinion, it is estimated that "the issue of sovereignty (...) occurred when there were at least two states next to each other trying to maintain their independence one from the other" [4]. The jurisprudence of the Permanent Court of Arbitration indicates that "the Sovereignty in the relations between states means independence. Independence in relation to a territory is the right to exercise the functions of the state upon it, with the exclusion (of the rights) of any other state" [5]. In other words, the delegation of powers resulting from sovereignty towards international organizations or institutions does not require rejection of sovereignty, which remains indivisible and inalienable, but it represents only a convention through which its rightful possessor, the nation, delegates it to another authority [6]. The material competences are related to internal sovereignty, to political, economic and social power. Formal competences consider state jurisdiction and its...