Monday, 30 May 2011

Type of Sovereignty

Sovereignty can be defined as the quality of having supreme, absolute and independent authority over a territory. It can be found in the power to rule and make law. By having sovereignty means a State is independent from the other state. And the other state cannot interfere with its internal affair.

Type of sovereignty
Internal Sovereignty
  Explain the supreme authority that is absolute over all individuals or association within the State.
  Concerned the relationship between the supreme power and its subjects.
External Sovereignty
  The recognition in international law that a State has jurisdiction authority over a territory.
  Concerned the relationship between a sovereign power and other states.
Titular / Nominal Sovereignty
  Sovereignty by the title or name only.
  Refers to the sovereign powers of the King or monarch who has ceased to exercise any real authority.
  In theory, he may still posses all the sovereign powers, but in actual practice there is some other man or body of men who act on behalf of the sovereign and exercise supreme authority.
  The actual power and direction of government rest with the King’s duly constituted ministers.
  Ex: In Malaysia, Yang Di-Pertuan Agong is the Titular Sovereign. Under the Federal Constitution (39&40), he acts on the advice of the Cabinet. He has only nominal powers. Actual or real power is with the Cabinet.
Legal Sovereignty
The conception of sovereignty in terms of law.
Refers to that person or body of persons who, by law, have the power to issue final command.
Legal sovereign is supreme and final over all individuals and associations.
Characteristics of Legal Sovereignty:
Ø  Always definite (tetap/pasti) and determinate (tentu)
Ø  May reside in the person of a monarch as in an absolute monarch; may be vested in a body of persons as in a democracy; King or Queen and Parliament in Britain
Ø  Definitely organized, precise and known to law
Ø  It alone has the power to declare in legal terms the will of the State
Ø   Disobedience to the imperatives (perintah) of the legal sovereign means physical punishment
Ø  All rights emanate (berpunca daripada sesuatu) from the legal sovereign and it can take them back or even annul (membatalkan/memansuhkan) them
Ø  The authority of the legal sovereign is absolute, illimitable and supreme. It is subject to no control within or without the State
Political Sovereignty
Not known to law, vague, unorganized, indeterminate and not precise
The real power behind the legal sovereignty; the sum total of the influences in a State which lie behind the law.
May mean the electoral (pengundian/ pilihan raya) plus all other vehicles and influences that mould and shape public opinion.
Ex.: Parliament is the legal sovereign in Malaysia, but the real power behind the parliament is the electorate (sesiapa yang berhak mengundi). It is the power of the electorate that empowers parliament. The decision of parliament is always influenced by Public Opinion. It if for this reason that it is said that the electorate constitutes the political sovereign.
Popular Sovereignty
The sovereignty of the people
Emerged as an expression of resentment of the people against the Kings and their reliance (kepercayaan) on the theory of Divine Right. (A.C. Kapur)
The belief that the legitimacy of the state is created by the will or consent (izin / persetujuan) of its people, who are the source of every political power. @ government derived its authority from the consent of the governed.
The supreme power and ultimate authority in the state rests in the hand of the people.
If the wish of people are ignored, there will be the possibility of revolution.
A basic tenet ( prinsip) of most democracies.
The government is run according to the will of the people through the exercise of the right of voting.
People are represented by councils, departments and advisory body.
De jure Sovereignty
The legal sovereignty and has it foundation in law / base on law
The legal right to govern and command obedience.
Latin : de jure = concerning law
Designates what the ‘law’ says.
Ex.: Yang di-Pertuan Agong of Malaysia, considered sovereign in the eyes of law, although he might not practice the actual control over a territory.
De facto Sovereignty
Latin: de facto = By the fact / Concerning fact
May not be a legal sovereign.
In law: In practice but not necessarily ordained (ditahbiskan/ dilantik secara rasmi) by law / in practice or actuality, but without being officially established.
May be a king, a dictator, a priest or a prophet.
The sovereignty rest upon physical power or spiritual influence rather than legal right.
The strongest active force in the State and capable of making its will prevail.
Designates action of what happens in practice.
No relevant law or standard, but a common and well established practice that is considered the accepted norm.

Relationship of Political Science and Sociology

Political Science > Sociology : Facts about the organization & functions of the State
Sociology > Political Science : Knowledge of the origin of political authority and laws which controlled society
Political Science
   Study of the political governance of man
   A specialized branch of sociology
   Has more restricted field to cover than sociology
  Deals with man in all his varied social relations and in all forms of human association
  Not confined to 1 aspect of man alone
   Political life of man begins much later than his social life
  Prior to Political Science
   Study the politically organized society and conscious political activities of man
  Embraces the study of organized & unorganized communities and the conscious & unconscious activities of man
   Aims at the past, present and future determination of the political organization of mankind
  The study of various social institutions that exist or have hitherto existed
  Does not and cannot predict about the future of society & social relationships
  Its study is empirical, has no philosophical trend to follow
Ernest Barker, Political Thought in England (1848-1914) : “Political theory only deals with political associations, united by a constitution and living under a government; sociology deals with all associations. Political theory assumes as a datum (data / suatu fakta atau cadangan yang digunakan untuk membuat kesimpulan atau keputusan) that man is a political being, it does not explain, as sociology seeks to do, how he came to be a political being.”

PAD reference

Malaysian Politics & Government by Jayum A Jawan

Bought a new book today "Malaysian Politics & Government" written by Jayum A Jawan, published by KARISMA PUBLICATIONS SBD BHD,cost only RM 19.50

About the respectful writter, Mr Jayum Jawan, he is Professor of Politics and Government at UPM. He is also Head of the Department of Social and Development Sciences, Faculty of Human Ecology. He has written numerous books that have been published either by UKMPress, UPMPress or the University of Hull Press. He regularly writes conference papers that are presented at both national or international conferences as well as occasionnally contributing to academic journals. 

Brief introduction about this book:
This books is simple and easy to understand, it it suitable for the general reading as it gives a general background to Malaysia's politics and government without undue and bias analysis of any particular events or institutions. This book also provides reader with a background by which the readers may be able to appreciate later development and dynamics in Malaysian politics, economic and society. 

A little sneak peek into this book:
Section 1 discussed about Pre Malaysia History
Section 2 discussed about Organisation of Government
Section 3 discussed about Elements or Branches of Government and their Functions
Section 4 discussed about Operations and Goals of Government

When it comes to reading and seeking for knowledge, it doesn't matter if the writer is local writer or international well-known scientists, as long as we are willing to dig in their 'mind' through their heartily writings, and learn from them. I'm very happy with book-shopping, as i can found tonne after tonne of 'brains' in those books. If you are pursuing Administrative Science or Public Administration like me, this book, you ought to have, its simple and it reveals more clearly to us about the structure of government machinery. Enjoy your reading!