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
Description
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.

2 comments:

  1. salam. nk minta izin salin legal n political sovereignty ye.. =)

    ReplyDelete

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