Concept of political and legal sovereignty pdf
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Sovereignty in International Law. Abstract: We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life.
Sovereignty is the supreme authority within a territory. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to doing so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization. The concepts of sovereignty have been discussed throughout history, and are still actively debated. The current notion of state sovereignty contains four aspects consisting of territory, population, authority and recognition.
What counts as sovereignty depends on the nature and structure of the international legal order and vice-versa. The United Nations UN system itself is based, albeit not directly on the principle of sovereignty itself, on a necessary corollary of that principle: the principle of sovereign equality of its Member States as guaranteed in Art. However, the entry pertains to international law and international law theory only, and is not concerned with the distinct albeit connected sovereignty issues that arise within international relations theory or political theory more generally except to explain some of the political dimensions of the principle of sovereignty in international law. Nor does it pertain to dimensions of the debate that are specific to the EU except when they are relevant to the evolution of sovereignty in international law. It is actually important to discuss sovereignty separately from many of those correlated principles as the latter are mostly also attributes of statehood under international law and their fate in contemporary international law is closely tied to that of States, whereas sovereignty need not necessarily be. Historical variations of the concept differ in three main respects: the subject of sovereignty person or function ; the nature of sovereignty absolute or limited ; and the source of sovereignty law-based or not. All three are highlighted in the course of the historical presentation.
In ancient times many states had monarchies and their rulers were monarchs. They wielded absolute power and their senates and parliaments were quite powerless. At that time they exercised real sovereignty. Therefore, they are regarded as real sovereigns. For example, Kings were sovereigns and hence they were all powerful in England before fifteenth century, in U. The state of affairs changed in England after the Glorious Revolution in Now the King is like a rubber- stamp.
5 Different Kinds of Sovereignty
This chapter explores the concept of the state, looking at various theories of the state and identifying its major characteristics and then how far real states measure up to these characteristics. It identifies different 'types' of state in political theory and looks at the major challenges to practical state sovereignty in the modern world. The challenges include the structure of international society; the impact of globalisation; the spread of weapons of mass destruction; the growth of informal ties; the rise of new international actors; and neo-colonialism. State sovereignty has always been predicated upon political power: the practical ability of the state to defend its sovereignty against internal revolt and external enemies.
Legal sovereignty is the conception of sovereignty in terms of law, and it refers to that person or body of persons who, by law, have the power to issue final commands. In every State there must be some authority which is determinate and visible in the sense that it should command all and the people may appeal to it as the final authority. Such an authority is known as the legal sovereign and the authority of the legal sovereign is supreme and final over all individuals and associations. No individual or group of individuals has the legal right to act contrary to the decisions of the sovereign power, even if such decisions override the prescriptions of divine law, the principles of morality, or the mandates of public opinion. The courts recognize and apply only that law which emanates from the legal sovereign and disobedience to such a law is accompanied by punishment.
The author has acknowledged the sources from where some facts have been taken for educational purposes. John Austin — was born in the United Kingdom. He was the founder and father of the Analytical school of law. In his initial career, he has served in the army for 5 years and also in the chancery bar of the UK.
Sovereignty , in political theory, the ultimate overseer, or authority , in the decision-making process of the state and in the maintenance of order. The concept of sovereignty—one of the most controversial ideas in political science and international law —is closely related to the difficult concepts of state and government and of independence and democracy.