유럽헌법학회

The relationship between democracy and the state is important. Democracy or citizenship in the concept of a nation-state follows the principle that peoples as citizens, that is, as individuals, recognize the same rights to each and every person. However, in the context of international politics, where life without a state is unimaginable, international social theory, also called the British School, develops the logic that a relationship called a society with a developed framework of self-regulation is established as a result of sharing common customs and norms among countries. This concept understands the international community as the sovereign state as the relationship between the sole agent and the sovereign state. This understanding of the state constitutes the genealogy of realist international relations in that it gives an ontological superiority to the systems of the states, and as a result, normatively, it tends to prioritize the stability of the systems of the states. Based on the politics of Carl Shumitt’s fundamental and pluralistic democracy, it examines the direction of a democratic state with the perception that the existence of conflict and hostility is the essence of politics. In a nation-state based on the sovereign ideology of citizenship and nationalism, what kind of intrinsic affinity does citizenship have with nationalism? The purpose of this paper is to attempt a political analysis of the mechanisms that reproduce the nation-state. In particular, it focuses on the agendas of various states-systems and nation states, and attempts to clarify the mutual reinforcing relationship between the two. However, expressing the mutually reinforcing relationship between the nation-state and the national system does not claim that the structure will last forever. It can be said that it is natural that the establishment of a state largely defined by the Cold War structure loses its foundation for existence by the collapse of the Cold War structure. However, the result is not the denial of the nation-state itself, but on the contrary, the reconstruction of the nation-state in response to changes in international conditions. The problem in the background of the attention gathered in one corner in this study is different from that of traditional law. In particular, it was the task of which analysis framework should be used to examine an aspect of the state that relies on the foundation and legitimacy of power on international factors rather than on domestic factors that I had in the course of legal studies. This paper examines this subject through a review of the state theory of historical sociology, which examines the state in relation to international relations based on Weber’s theory of state. This paper aims to contribute to the development of the discussion of state theory, which is weak in the current legal world, by fully evaluating the importance of the international perspective and re-introduction of the national theory by historical sociology as a supplement to the discussion so far.