Compliance and Regulation Law bilingual Dictionnary

Souvereignty

by Marie-Anne Frison-Roche

ComplianceTech®

Classically, the People are sovereign and through the game of representation Parliament expresses its will, while a more Hegelian schema confers on the State, being superior, the power to express through the same channels, essentially Law, its general will.

The State therefore imposes its will without more justification than the very existence of its upstream legitimacy, since it is the People who have conferred its powers on it: the State is sovereign and is not accountable.

This is why Regulation is philosophically a "theory of suspicion", which refuses to grant relevance to these political presuppositions and rather sees in the situation of powers an arrangement of administrations and of particular persons who defend their particular interests, in inside and outside the country.

This is why Europe by liberalizing regulated sectors, those even where the State strongly claimed its sovereignty, for example through nuclear planning, by requiring regulatory authorities to attack incumbent operators from within through regulation. asymmetric, destroyed the ideology of sovereign states, reducing them to the ordinary.

This question remains open.

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