Malcolm Rivera
The concept of sovereignty is one of the most controversial ideas in political science and international law. In a constitutional context, sovereignty refers to the origin of supreme power or authority in a state. The question of where sovereignty comes from under a constitution has been addressed by various political theorists, including Jean-Jacques Rousseau, John Locke, Thomas Hobbes, and Jean Bodin, whose theories have shaped the development of doctrines of popular sovereignty and legislative sovereignty. The United States Constitution, for example, embodies a system of constitutional sovereignty, where the power to propose and approve changes to the Constitution is vested in Congress, states, and special conventions, challenging the notion of legislative sovereignty.
| Characteristics | Values |
|---|---|
| Parliamentary sovereignty | Unlimited constitutional authority, creating an "elective dictatorship" or "modern autocracy" |
| Public sovereignty | The US, Canada, Australia, and India have divided governments |
| External sovereignty | The relationship between sovereign power and other states |
| Empirical sovereignty | Legitimacy of who controls a state and how they exercise power |
| Juridical sovereignty | The importance of other states recognizing a state's rights and control |
| Popular sovereignty | The power of the government comes from the people rather than the states |
| Legislative sovereignty | The Constitution imposes restrictions on the national legislature |
| Judicial sovereignty | The Supreme Court can declare laws unconstitutional |
| Constitutional sovereignty | The authority to propose and approve changes to the Constitution is vested in Congress and the states |
| Dual sovereignty | Sovereignty is divided between the union and its component units |
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What You'll Learn
Legislative sovereignty
In the context of legislative sovereignty, the legislature is responsible for creating and passing laws. In the United Kingdom, for example, the legislature is Parliament, which consists of the House of Commons and the House of Lords. Both houses debate, amend, and vote on proposed laws, and once a law is passed, it receives royal assent from the monarch, currently the Queen, to make it official. However, this is largely ceremonial as the monarch does not refuse to approve laws passed by Parliament.
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Juridical sovereignty
The concept of sovereignty is one of the most controversial ideas in political science and international law. It is closely related to the difficult concepts of state and government and of independence and democracy. In political theory, sovereignty is the ultimate overseer or authority in the decision-making process of the state and in the maintenance of order.
In the sphere of international relations, some political entities are endowed with specific prerogatives and responsibilities connected to juridical sovereignty, while such a position is denied to others. This distinction is based on either endogenous features, such as constitutional independence and empirical attributes of statehood, or an exogenous factor: recognition as a state by other states.
The recognition of juridical sovereignty can be a complex and ambiguous process, with some territorial entities occupying an obscure position at the fringes of the international legal order. These entities may have an uncertain legal status, an indefinite international standing, a relative legal existence, and a precarious security situation.
The evolution of global values and the subsequent meanings of sovereignty have been influenced by hegemonic states and their interests. The struggle over sovereignty between states, NGOs, multilateral organizations, and MNCs often results in a reinterpretation of sovereignty to suit specific goals and interests.
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Empirical sovereignty
Empirical statehood refers to the practical existence of a state and its effective governance of a specific territory and population. It involves factors such as a functional government, control over borders, and the ability to exercise authority within its territory. For instance, a region with independent governance and order may be considered empirically sovereign, regardless of recognition from other states.
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Parliamentary sovereignty
The UK does not have a single, written constitution, and parliamentary sovereignty has been limited by laws reflecting political developments, such as the devolution of power to the Scottish Parliament and Senedd Cymru, the Human Rights Act 1998, and the establishment of the UK Supreme Court in 2009. However, these developments do not undermine the principle of parliamentary sovereignty, as Parliament could, in theory, repeal any of the laws implementing these changes.
The concept of parliamentary sovereignty is also constrained by the Rule of Law and fundamental rights, such as those contained in the European Convention on Human Rights (ECHR). Courts interpret legislation to make it compatible with Convention rights, and while they cannot declare a statute invalid, they can issue a "declaration of incompatibility," which is non-binding on Parliament.
Historically, legislative power in England was exercised by the Sovereign acting on the advice of the Curia regis, or Royal Council, which evolved into Parliament. The Glorious Revolution of 1688 confirmed that royal prerogative could not overrule Acts of Parliament, and the Acts of Union of 1706/7 further established parliamentary sovereignty by creating the "Kingdom of Great Britain" and pooling the sovereignty of the English and Scottish parliaments.
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Popular sovereignty
The term 'sovereignty' is derived from the Latin 'superanus' and traditionally meant 'supreme power'. The idea of popular sovereignty is that this supreme power is held by the people, and that the government's authority is derived from the consent of the people. This is often referred to as a social contract, where individuals voluntarily give up some of their natural freedom in exchange for protection.
The theory of popular sovereignty was first expressed by Jean-Jacques Rousseau, who wrote that sovereignty is "one, indivisible, unalienable and imprescriptible; it belongs to the Nation; no group can attribute sovereignty to itself nor can an individual arrogate it". Rousseau's ideas were built upon by other political philosophers, including Thomas Hobbes, John Locke, and Montesquieu, and the theory was later expressed in the American Declaration of Independence in 1776.
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Frequently asked questions
Sovereignty is a political concept that refers to a dominant power or supreme authority. In modern democracies, sovereign power rests with the people and is exercised through representative bodies such as Congress or Parliament.
The concept of sovereignty was first introduced by Jean Bodin in 16th-century France. The idea of popular sovereignty, or the belief that sovereignty is vested in the people, was later developed by philosophers John Locke and Jean-Jacques Rousseau.
In a constitutional system, sovereignty is often divided between different levels of government, such as the federal and state authorities in the United States. The constitution outlines the powers and limitations of each level of government, with the sovereign power vested in the fundamental document itself.
There are several types of sovereignty, including empirical sovereignty, juridical sovereignty, legislative sovereignty, and popular sovereignty. Empirical sovereignty deals with the legitimacy of who controls a state and how they exercise their power. Juridical sovereignty focuses on the recognition of a state's rights by other states. Legislative sovereignty refers to the power of the legislature in a constitutional system. Popular sovereignty is the belief that sovereignty resides with the people rather than a ruler or external authority.
