Module 1.2 - Sovereignty as The Basic Element of The State

1.2 SOVEREIGNTY AS THE BASIC ELEMENT OF THE STATE 1.2.1 MEANING AND DEFINITION OF SOVEREIGNTY MEANING : Sovereignty is when a nation holds ultimate power, To govern itself, its fate it can empower. It's the right to make choices and have control, Over its land, people, and policies as a whole. No external authority can dictate or sway, A sovereign state's decisions, it's their say. It's about freedom, independence, and self-rule, Sovereignty ensures a nation can thrive and fuel. DEFINITION : Jean Bodin defined sovereignty as the highest power and authority within a country or state. It means that a government has complete control and independence to make decisions and enforce laws within its borders. Sovereignty ensures that a country is not under the control of any external authority and has the right to govern itself. According to Bodin, the sovereign, whether it is a king or a governing body, should have absolute and unquestionable authority over the state. This concept influenced the development of modern nation-states and the principle of state sovereignty that we see today. 1.2.2 TWO ASPECTS OF SOVEREIGNTY : INTERNAL AND EXTERNAL Internal Sovereignty: Internal sovereignty refers to the authority and power a government possesses within its own country. It represents the highest level of control and decision-making within the country's borders. The government exercises this internal sovereignty to govern its people, enforce laws, maintain order, and provide public services. characteristics of internal sovereignty include: 1. Legislative Power: The government has the ability to create laws and regulations that apply to its citizens. It can establish rules that dictate how society functions and how individuals are expected to behave. 2. Executive Power: The government holds the power to execute and enforce the laws. It is responsible for implementing policies, managing public institutions, and ensuring the proper functioning of administrative bodies. 3. Judicial Power: The government has the authority to establish a judicial system that interprets and applies the law. It ensures justice is served, resolves disputes, and punishes those who violate the law. 4. Taxation and Public Services: The government has the right to collect taxes from its citizens to finance public services such as education, healthcare, infrastructure, and defense. These services contribute to the well-being and development of the nation. External Sovereignty: External sovereignty refers to a country's independence and its ability to interact with other nations on its own terms. It signifies the freedom of a state from external control or influence. External sovereignty allows a country to make decisions about its foreign policy, establish diplomatic relations, engage in trade, and participate in international organizations. characteristics of external sovereignty include: 1. Independence: A sovereign state is autonomous and free from the control or dominance of other nations. It has the right to determine its own political, economic, and social systems without interference. 2. Recognition: Other countries recognize and respect a state's sovereignty. Recognition plays a vital role in establishing diplomatic relations and participating in international affairs. 3. Treaties and International Agreements: A sovereign state can enter into treaties and agreements with other nations. These agreements define the terms of cooperation, establish obligations, and promote mutual interests. 4. Foreign Policy: The government determines its foreign policy, including its stance on international issues, alliances, and trade relations. It can engage in negotiations, represent its interests on the global stage, and contribute to international decisionmaking. It is important to note that internal and external sovereignty are interrelated. A state's ability to exercise internal sovereignty effectively influences its external sovereignty, and vice versa. The two aspects together contribute to the overall independence and authority of a sovereign state. 1.2.3 ESSENTIAL CHARACTERISTICS OF SOVEREIGNTY Sovereignty refers to the supreme authority and independence of a governing body or state. 1. Authority: Sovereignty entails having the highest power or control within a specific territory. It means that the governing body has the right to make decisions and enforce laws without interference from external sources. 2. Independence: A sovereign entity is independent and free from external domination or control. It has the right to determine its own political, economic, and social systems without being subjected to the will of other nations or entities. 3. Territoriality: Sovereignty is tied to a defined territory or geographical area. It implies that the governing body has exclusive jurisdiction and control over its land, airspace, and waters within its boundaries. 4. Legitimacy: The authority of a sovereign entity is typically derived from the consent of its people or through established legal frameworks. Legitimacy ensures that the governing body is recognized as the rightful representative of the population and possesses the right to exercise power. 5. Non-Interference: Sovereign states have the right to manage their internal affairs without external interference. This principle, known as non-interference, protects a sovereign entity's ability to make decisions and govern without undue influence from other nations. 6. Equality: Sovereign states are considered equal in the international arena, regardless of their size, population, or economic strength. Each state has an inherent right to sovereign status and is afforded the same respect and recognition as other states. These characteristics collectively define the essence of sovereignty, emphasizing the authority, independence, territoriality, legitimacy, non-interference, and equality of a governing body within its defined territory. 1.2.4 THE NOTION OF LEGAL SOVEREIGNTY, POLITICAL SOVEREIGNTY AND POPULAR SOVEREIGNTY 1. Legal Sovereignty: Legal sovereignty refers to the concept that the governing body or state has the ultimate legal authority within its territory. It means that the government's decisions and actions are binding and enforceable by law. Legal sovereignty is often established through a constitution or legal framework that outlines the powers and limitations of the government. It ensures that the government's actions are carried out within the boundaries of the law. 2. Political Sovereignty: Political sovereignty refers to the governing body's ability to exercise power and make decisions independently without interference from external forces. It encompasses the authority to govern, create policies, and enforce laws. Political sovereignty emphasizes the government's control over its own affairs and the ability to represent the interests of its citizens. It involves the government's ability to make decisions regarding internal and external matters, such as domestic policies, foreign relations, and defense. 3. Popular Sovereignty: Popular sovereignty is based on the idea that the ultimate source of political power and authority lies with the people. In this concept, the government's legitimacy and authority are derived from the consent and will of the people it governs. Popular sovereignty emphasizes that governments exist to serve the people and should be accountable to them. It often involves mechanisms such as elections, voting rights, and participatory processes that allow citizens to express their will and influence decision-making. In summary, legal sovereignty focuses on the government's legal authority, political sovereignty emphasizes its independent exercise of power, and popular sovereignty highlights the people's ultimate authority and consent in the governance process. 1.2.5 HISTORY OF THE DEVELOPMENT OF THE CONCEPT OF SOVEREIGNTY. The concept of sovereignty has evolved over centuries, and its development can be traced through significant historical events. 1. Ancient and Medieval Periods: In ancient times, power was often concentrated in the hands of monarchs or rulers who claimed divine authority. The ruler's authority was seen as absolute and unquestionable, and they held control over territories and subjects. This period was characterized by the absence of a clear distinction between the ruler and the state. 2. Westphalian System (17th Century): The Westphalian system, emerging after the Thirty Years' War in Europe, played a pivotal role in shaping the modern concept of sovereignty. The Peace of Westphalia in 1648 established the principles of state sovereignty, territorial integrity, and non-interference in the internal affairs of states. It recognized the notion that states have exclusive authority within their territories and are equal in the international arena. 3. Enlightenment and the Social Contract Theory: During the Enlightenment period in the 18th century, philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau proposed theories of social contract. These theories argued that political authority is derived from the consent of the governed. They emphasized the idea that sovereignty ultimately rests with the people and that governments exist to serve the interests of the people. 4. American and French Revolutions: The American Revolution (1775-1783) and the French Revolution (1789-1799) played a significant role in advancing the concept of popular sovereignty. These revolutions challenged the authority of monarchies and emphasized the rights and freedoms of individuals. The American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) both reflected the principles of popular sovereignty and the idea that governments derive their authority from the consent of the governed. 5. Development of International Law: In the 19th and 20th centuries, the development of international law further solidified the concept of sovereignty. Treaties, agreements, and international organizations recognized the rights of states to govern their internal affairs without interference. The principle of sovereign equality among states became a fundamental aspect of international relations. Throughout history, the concept of sovereignty has evolved from absolute monarchies to the recognition of state authority, the influence of popular consent, and the establishment of international norms. Today, sovereignty remains a foundational principle in determining the rights and responsibilities of states in the global community. 1.2.6 CONTRIBUTION OF JEAN BODIN , HUGO GROTIUS, JERENMY BENTHAM. Jean Bodin, Hugo Grotius, and Jeremy Bentham made significant contributions to political and legal thought. 1. Jean Bodin: Jean Bodin, a French philosopher and jurist of the 16th century, played a crucial role in shaping the concept of sovereignty. He is known for his work "Six Books of the Commonwealth," where he discussed the idea of sovereign power. Bodin argued that sovereignty, or supreme political authority, should reside in a single governing body or ruler. He emphasized the importance of a unified and centralized state authority and stressed that the sovereign's power should be absolute and indivisible within the defined territory. Bodin's ideas helped establish the foundation for the modern concept of sovereignty. 2. Hugo Grotius: Hugo Grotius, a Dutch jurist and philosopher of the 17th century, is often regarded as the father of international law. His most influential work, "The Law of War and Peace," significantly contributed to the development of international legal principles. Grotius proposed the idea of natural law, which suggested that certain rights and principles are inherent to human beings and applicable to all nations. He argued for the existence of a common set of laws that governs relations between states and promotes peaceful coexistence. Grotius's ideas laid the groundwork for the modern system of international law, emphasizing the importance of treaties, agreements, and the respect for the rights of states. 3. Jeremy Bentham: Jeremy Bentham, a British philosopher and legal theorist of the 18th and 19th centuries, made notable contributions to the field of utilitarianism. Bentham's utilitarian philosophy focused on maximizing happiness and minimizing suffering for the greatest number of people. He advocated for the principle of "the greatest happiness of the greatest number" as the basis for ethical and legal decision-making. Bentham's ideas had a profound impact on legal thought, promoting the concept of social utility and the importance of considering the consequences of laws and policies in terms of their overall impact on society. In summary, Jean Bodin emphasized the importance of a unified and absolute sovereign power, Hugo Grotius contributed to the development of international law and the recognition of common legal principles among nations, and Jeremy Bentham introduced the concept of utilitarianism, emphasizing the maximization of happiness and the consideration of overall societal well-being in legal and ethical decision-making. 1.2.7 SOCIAL CONTRACT/CONSENT THEORY. (HOBBES, LOCKE AND ROUSSEAU) The social contract theory, proposed by Thomas Hobbes, John Locke, and Jean-Jacques Rousseau, explores the idea of how societies are formed and governed based on the consent of the governed. Here's a simplified explanation of their perspectives: 1. Thomas Hobbes: Thomas Hobbes, an English philosopher of the 17th century, believed that human beings are naturally self-interested and driven by their own desires. He argued that in a state of nature, without any form of government, life would be chaotic and characterized by a "war of all against all." To escape this state, Hobbes proposed a social contract where individuals willingly give up some of their freedoms and rights to a governing authority. In return, the government provides security and order, thereby preventing constant conflict. According to Hobbes, the authority of the government should be absolute to maintain peace and stability. 2. John Locke: John Locke, also an English philosopher of the 17th century, had a more optimistic view of human nature. He believed that individuals are inherently rational and possess natural rights, including life, liberty, and property. Locke argued that people form a social contract to protect these rights and create a legitimate government. According to Locke, the role of the government is to secure these rights and serve the interests of the people. If the government fails to do so, individuals have the right to overthrow it. Locke's ideas laid the groundwork for the concepts of limited government, individual rights, and the right to revolution. 3. Jean-Jacques Rousseau: Jean-Jacques Rousseau, an 18th-century French philosopher, had a different perspective on the social contract. He believed that in the state of nature, people were inherently good and equal. However, the advent of private property and social inequality corrupted human nature. Rousseau argued that the social contract should be based on the general will, which represents the collective interests and desires of the entire community. According to Rousseau, individuals should surrender their self-interests for the common good, and the government should be a direct expression of the general will. He emphasized the importance of active citizen participation in decision-making and the importance of a democratic and egalitarian society. In summary, Thomas Hobbes believed that individuals willingly give up their freedoms for security and order, John Locke emphasized the protection of natural rights and the right to overthrow an oppressive government, and Jean-Jacques Rousseau highlighted the importance of the general will and collective decision-making in the social contract. These perspectives offer different insights into how societies are formed and governed based on the consent and agreement of the people. 1.2.8 JOHN AUSTIN’S THEORY OF SOVEREIGNTY John Austin was a 19th-century legal philosopher known for his theory of sovereignty. According to Austin, sovereignty is the highest and ultimate authority within a political system. He defined sovereignty as the power to make laws that are habitually obeyed by the majority of people in a society, while the sovereign itself is not bound by any higher authority. Austin emphasized that sovereignty resides in a determinate body or person who possesses three essential attributes: 1. The sovereign has the power to issue commands or laws that govern the behavior of individuals within a specific territory. These commands are backed by the threat of coercion or punishment. 2. The sovereign's commands are habitually obeyed by the majority of the population. Austin considered habitual obedience as a crucial aspect of sovereignty, as it distinguishes a sovereign from a mere usurper or pretender to power. 3. The sovereign is not subject to the commands or laws of any other authority. In other words, the sovereign is above the law and is not bound by any higher political or legal authority. According to Austin, the source of sovereignty lies in a legal or constitutional framework that establishes the political system and grants power to the sovereign. The sovereign's authority is derived from the recognition and acceptance of the people within the society. Austin's theory of sovereignty emphasizes the centralized and absolute power of the sovereign, who has the exclusive authority to create and enforce laws. His theory had a significant influence on legal and political thought, particularly in the development of legal positivism, which asserts that laws derive their legitimacy from the authority of the sovereign.