Legal Sovereignty Vs Political Sovereignty

Democracy is based on the concept of popular sovereignty. In direct democracy, the public actively shapes and decides policy. Representative democracy allows the transfer of the exercise of sovereignty from the people to a legislative or executive body (or to a combination of legislative, executive and judicial). Many representative democracies offer limited direct democracy by referendum, initiative and revocation. A community of people claiming the right to self-determination on the basis of a common ethnicity, history and culture could attempt to establish sovereignty over a region and thus create a nation-State. These nations are sometimes recognized as self-governing territories rather than fully sovereign and independent states. External sovereignty is linked to questions of international law – for example: when, if at all, is it permissible for one country to intervene on the territory of another country? 1. A legal sovereign is final and determined. It can be a person, as in the case of an absolute monarchy, or a corporation of persons, as in the case of the British Parliament.

3. Only the legal sovereign has the power to legally declare the will of the state. Ulpian`s statements were known in medieval Europe, but sovereignty was an important concept in the Middle Ages. [1] Medieval monarchs were not sovereign, at least not strong, because they were limited by their feudal aristocracy and shared power with them. [1] In addition, both were severely restricted by customs. [1] The authority of the legal sovereign is absolute and the law is simply the will of the sovereign. The authority of the sovereign being unlimited, he reserves the right to do what he wants. It is the legal sovereign who grants and enforces all the rights enjoyed by citizens, and therefore there can be no rights against him. The legal sovereign is therefore always determined and determined. The legal sovereign is a legislative authority in legal terms, while political sovereignty is behind the legal sovereign. The legal sovereign can express his will in legal terms. But the political sovereign cannot do that.

The legal sovereign is determined, unambiguous and visible, while the political sovereign is not defined and clear. Nazib was expelled and Nasser succeeded him as de facto ruler. 3. Only the rule of law has the power to legally declare the will of the state. 1. Legal sovereignty is always determined and determined. Although power belongs to parliament, it is clear that parliament is ultimately accountable to the people (through so-called popular sovereignty). If the parliament does not conform to the general wishes of the people, it is deposed either by parliamentary elections or, if necessary, by a revolution. As a result, voters are politically sovereign, which affects the functioning of Parliament. Although decentralisation can be legally reversed, it is now a deeply rooted part of the British political system. Technically and legally, the UK Parliament could pass legislation on “devolved powers”. For example, the British Parliament could pass a law requiring Scottish students to pay the same tuition fees as English students.

With his doctrine that sovereignty is conferred by divine law, Bodin defined the scope of the divine right of kings. [ref. needed] The government-in-exile of many European states (e.g. Norway, the Netherlands or Czechoslovakia) during World War II was considered sovereign, although their territories were under foreign occupation; Their government resumed as soon as the occupation ended. The government of Kuwait was in a situation similar to that of the Iraqi occupation of his country in 1990-1991. [31] The government of the Republic of China was recognized as sovereign over China from 1911 to 1971, although its territory in mainland China had been occupied by Chinese communist forces since 1949. In 1971, it lost UN recognition to the communist-ruled People`s Republic of China and its sovereign and political status as a state was challenged and it lost its ability to use “China” as a name and thus became commonly known as Taiwan. After the Thirty Years` War, a European religious conflict that affected large parts of the continent, the Peace of Westphalia of 1648 established the concept of territorial sovereignty as the norm of non-interference in the affairs of other states, the so-called Westphalian sovereignty, although the treaty itself affirmed the multiple levels of sovereignty of the Holy Roman Empire. This led to a natural extension of the ancient principle of cuius regio, eius religio (whose empire, its religion), so that the Roman Catholic Church had little scope for interference in the internal affairs of many European states. However, it is a myth that the Treaties of Westphalia created a new European order of equal sovereign states.

[27] “He is the political sovereign. In democracies, the legal sovereign obtains his authority from the electorate, regardless of the basis of the right to vote, and is accountable to it for the exercise of his powers. Rousseau argues in the Social Contract[16] that “the growth of the state, which gives the administrators of public authority more and the means to abuse their power, the more power the government must have to contain the people, the more the sovereign should in turn have the power to contain the government”, understanding that the sovereign is “a collective being of wonder” (Book II, Chapter I), which derives from the “general will” of the people and that “whatever a man commands of his own free will is not a law” (Book II, Chapter VI) – and, moreover, rests on the assumption that the people have an impartial means of determining the general will. Hence the legal maxim: “There is no law without a sovereign”. [17] Political sovereignty belongs to that class of persons under whose influence the mass of the people stands or stands. Political sovereignty resides in the electorate, in public opinion and in all other state influences that shape and shape public opinion. Hobbes` theories decisively shape the concept of sovereignty through social contract theories. The definition of popular sovereignty of Jean-Jacques Rousseau (1712-1778) (with the first precursors of Francisco Suárez`s theory on the origin of power) provides that the people are the legitimate sovereign.

Rousseau regarded sovereignty as inalienable; He condemned the distinction between origin and exercise of sovereignty, a distinction on which constitutional monarchy or representative democracy is based. John Locke and Montesquieu are also key figures in the deployment of the concept of sovereignty; their views differ from those of Rousseau and Hobbes on this question of externality. After his defeat by the Indian army in 1971, he handed over power to Bhutto, who was thrown out in July 1977 by Zia-ul-Haq, who first became de facto ruler and then de jure. It is therefore quite clear that the current or de facto sovereign is the strongest active force in the State and is capable of imposing his will.