Difference between Legal and Political Sovereignty

16 It is true, of course, that in primitive society, as in modern states, many ethical rules are also political. Therefore, the rules of exogamy can be seen as a matter of social application. A dictator makes laws under a dictatorship, as was the case in pre-war Germany and Italy. The courts recognize only laws promulgated by a sovereign. In England, Parliament is the legal sovereign who has unlimited powers to legislate. The five different types of sovereignty are: (1) Nominal and real sovereignty (2) Legal sovereignty (3) Political sovereignty (4) Popular sovereignty (5) De facto and de jure sovereignty. The authority of the legal sovereign is absolute and the law is simply the will of the sovereign. Since the authority of the sovereign is unrestricted, he reserves the legal right to do what he wants. It is legal sovereignty that grants and enforces all citizens` rights, and therefore there can be no rights against it. Competence is therefore always determined and determined. Political sovereignty is not known to the law. In modern representative democracies, political sovereignty is very often identified either with the entire mass of the people, or with the electorate or public opinion.

The right-wing sovereign cannot act against the will of the political sovereign. 13 The term “political” is used to distinguish the term “law” from scientific laws, “natural law”, moral laws, etc., while including non-sovereign law (e.g. international law) that the term “positive law” would exclude. In ancient times, many states had monarchies and their rulers were monarchs. They wielded absolute power and their senates and parliaments were utterly powerless. At that time, they exercised true sovereignty. Therefore, they are considered true leaders. For example, kings were sovereigns and therefore they were all powerful in England before the fifteenth century, in the USSR. before the eighteenth and nineteenth centuries and in France before 1789. The situation in England changed after the Glorious Revolution in 1688.

Sometimes a distinction is made between de facto (real) sovereignty and de jure (legal) sovereignty. A de jure sovereign is the legal sovereign, while a postman sovereign is a sovereign who is effectively obeyed. Only the rule of law has the power to legally declare the will of the old-fashioned. The authority of the sovereign is absolute and supreme. This authority can reside either in the monarch, in an absolute monarchy, or in the bodies of people. People are not bound by a natural or divine law. Government exists only as a tool for the good of the people. It should be held directly accountable to the public. He may exercise his authority only on the basis of the law of the land. The will of the people must not be ignored Popular sovereignty is the basis of the modern democratic system. History is rich in examples of de facto sovereignty.

For example, Oliver Cromwell became a de facto ruler after sacking the Long Parliament. Napoleon became the de facto ruler after overthrowing the Directory. Similarly, Franco became de facto ruler after ousting the right-wing ruler in Spain. On October 28, 1922, Mussolini`s black shirts marched towards Rome. At that time, parliament was the legal sovereign. Mussolini became prime minister in a legal way. He led the parliament and ruled the country through parliament. Parliament remained the legal sovereign, but it was the real or de facto sovereign. Hitler did the same in Germany. He too has become a ruler of defactorization.

He controlled the legal ruler and became a de facto ruler. Similarly, Stalin remained the true ruler of the USSR for about three decades. The legal sovereign is legally a legislative authority, while political sovereignty is behind the legal sovereign. The court may express its will in legal terms. But the political sovereign cannot do that. Right-wing sovereignty is determined, determined and visible, while political sovereignty is not determined and clear. 1. A State under jurisdiction shall be determined and determined. It can be a person as in the case of an absolute monarchy or a group of people as in the case of the British Parliament. 2.

Jurisdiction is definitively organized and reorganized by constitutional law. In Dicey`s words, he can convict an adult child, legitimize an illegitimate child, or, if he deems it fair, make a man a judge in his own case. The following characteristics of a legal sovereign are as follows: 24 Thus, it is stated: “What appears to be a rule of law at a given time may be the result of insufficient knowledge of the interests concerned or prejudice in favour of particular interests”. The Modern Idea of the State, trans., by Sabine and Shepard, (New York, 1930), p.