THE THEORY OF SELF-GOVERNMENT IN THE FIRST CSR

Abstract

In the first CSR, mainly under the influence of normative theory, several legal scientists began to focus on the public-law branches of law. Administrative law and self-government were not exceptions. The main subject of the dispute in terms of self-government consisted of the different view of its status and purpose in society. On the one hand, in the first CSR we are confronted with the political concept of self-government and, on the other, the legal concept of self-government. The theory of a political concept of self-government was based on the historical origin of self-government before the state, and on the idea that self-government is a collective equivalent of an individual with natural and inalienable rights. From this statement, several theorists have inferred that self-government is necessarily an existing union with the original power. On the contrary, the theory of the legal concept of self-government was based on the fact that, despite the historical origin of self-government, the state is the only sovereign on its territory. Therefore, self-government is only an entity with delegated power and a clearly defined sphere of competence, therefore self-government is a union created by the state.