C8 sovereignty

CHAPTER 8CHAPTER 8SOVEREIGNTY

SCOPE OF DISCUSSIONSCOPE OF DISCUSSIONDEFINITIONCHARACTERISTICS OF

SOVEREIGNTYTYPES OF SOVEREIGNTY

IntroductionIntroductionThe word ‘sovereignty’ comes

from the Latin word-’superanus’ meaning supreme.

Sovereignty represents unity of the state whereby the state is externally free and internally supreme.

DefinitionDefinitionBodin – sovereignty means supreme

power over citizens and subjects, unrestrained by law.

Laski – the sovereign is legally supreme over any individual or group, he possesses supreme coercive power.

Jenks –an authority which, in the last resort controls absolutely and beyond appeal the actions of every individual member of the community.

Characteristics of Characteristics of sovereigntysovereignty

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Types of sovereigntyTypes of sovereignty

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1. Popular sovereignty It refers to the power of the

people or masses. Rousseau (the state and the

people were one). The people’s power is important

to balance the power of the ruler.

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2. Political sovereigntyThe supreme power is in politics.

Political power exists when the people exercised their right to vote.

eg. Political sovereignty is the electoral plus all other methods and influence that shape public opinion.

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3. Legal sovereigntyThis is sovereignty in terms of

law – refers to that person or body of persons, who according to the law, have the power to give final commands,

Any disobedience to the law is followed or result in punishment.

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4. De jure and de factoDe jure sovereignty legal right to do soIt is legal with foundation in law.De facto sovereignty the ability in fact to do so. It may or may not be a legal

sovereign.

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5. Nominal and real sovereigntyNominal sovereignty – existing in

name onlyReal sovereignty -