You are on page 1of 5

Sovereignty.

Sovereignty is an essential aspect of government that needs attention.

Everyone believes sovereignty to be a form of domination in its general meaning, but in


government we say.

Sovereignty is the supremacy of the state over its citizens with any form of coercion or
force the state wishes to apply.

Sovereignty is the right of a state and it is propounded by jurist Jean Bodin In (1530 - 1596 ).

There are several political thinkers who give their view of what sovereignty is such has John
Locke , Jean Jacques Rousseau and Thomas Hobbes.

The origin of sovereignty and political authority begins from social contract theory.

Whereby some certain group of people or individual voluntarily

Hand power over to a certain individual to make decisions and control on their behalf and
ready to obey his orders.

Thomas Hobbes, who is a British view that this can only work in a monarchy system.

John Locke view there will be different representations that he agreed with representative
government.

Jean Jacques Rousseau who is a french man viewed that direct democracy is the best.

Whereby all citizens are have the right to make decision.

Jean Bodin who is the propounder of sovereignty believe sovereignty is absoluteness of the
state.

Giving two types of sovereignty which is

* Internal sovereignty
* External sovereignty

Jean Bodin view was oppose and criticize by different school of thought . Namely :
* pluralist school
* Internationalist school.

OPPONENT OF SOVEREIGNTY

PLURALIST SCHOOL:the pluralists believe a state cannot have absolute supremacy due to
other societies in the state.

We all know the state is also a society and they are the same in composition and different in
objectivity.

When societies persuade and keep the interest of their members, the state makes law that
bind these societies together.

So a state cannot be absolutely sovereign because the interest of other societies should be
considered as well .

Examples of societies in a state are:


*Family
* Marriage
* Church
* Mosques etc in which their view must be put into consideration.

INTERNATIONALIST SCHOOL:

The Internationalists also oppose sovereignty in the sense that a state under a certain
international organization.

Such as U.N.O , IMF, can not resist the general laws made by this organization

And also there are some laws that is generally accepted all over the world by world leaders e.g
fundamental human right

A state has no option than to accept and entrench this law in order to protect its citizens.

So this is a form of limitation to sovereignty.


Thomas Hobbes and Austin list and explain the characteristics of sovereignty.

Characteristics of sovereignty.
● Absoluteness
● Indivisibility
● Permanence
● Free from external control
● Encompassiveness

● Absoluteness: sovereignty is said to be absolute, when it is indivisible and it is final.

● Indivisibility: sovereignty can not be divided or shared among people it belongs to the
state.

● Permanence: sovereignty remain permanent so far the state remain because the right
of a state is sovereignty

● Free from external control:


A sovereign state is always free from external invasion.

● Encompassiveness:

Sovereignty is wide and binding


on all that stays in a state.

Lawyer A.v Dicey mention the the types of sovereignty which is widely accepted .

TYPES OF SOVEREIGNTY.

● legal / rational sovereignty


● Political sovereignty
● De jure sovereignty
● De facto sovereignty
● Internal sovereignty
● External sovereignty.

Legal/ rational sovereignty: this is a sovereign power that resides with the lawmakers i.e is
legislative arm of government.

Political or popular sovereignty: this is a sovereign power that resides with the electorate .

The electorate are the people in which there will must be adhere to . They are vested with
supreme power.
Dejure sovereignty: this is a form of sovereignty base on acceptance and recognition.

It is a power clothed in garment of legitimacy . The willingness of the people to accept and
obey .

Defacto sovereignty: this is a form of sovereignty that is base on force.

It is said to be an unconstitutional government where by an authoritarian or dictator rule .

Internal sovereignty: this is sovereignty exercise by a state within is own jurisdiction or area.

For instance the president of Nigeria can exercise is power over the citizen of Nigeria not
over the citizens of USA .

External sovereignty: this is when a state is free from external control. The state is said
to be independent with it own elected government.

LIMITATIONS TO SOVEREIGNTY.

There are several limitations to sovereignty which are:

● Electorate
● Public opinion
● International law
● Military pact
● International organization
● Interdependence of states
● Constitution
● Delegation of power

Electorate : the electorate is a limitation to sovereignty because there will must be done and
obey to by the state.

Public opinion : this also serve as a limitation to sovereignty in the sense that the agitation of
people is know and the state must succum to it.

International law: this also limit sovereignty due to some globally accepted law e.g fundamental
human right.
The state have no choice than to accept and pass it down because it is accepted globally.

Military pact : this is a form of exchange of military agreement between two countries e.g military
pact between USA and Russia

International organization: international organization such as UNO, ECOWAS ,IMF


dictate for countries telling them what to do

This is as a result of membership into the organization.

Interdependence of states: this is the underdeveloped country to depend on the develop ones.

And this limit the sovereignty of the under developed state.

Constitution: the constitution limit the sovereignty in the sense that there is limitation to the
use of power .

The constitution regulate or control how power is acquire, and used

Delegated legislation: the legislative delegating power and authority to other body through the
act of Parliament .

Is also a limitation to sovereignty because this body are able to make law and enforce them .

Inconclusion you have to understand that sovereignty is exercise by a sovereign.

You might also like