Sovereignty is the full right and power
of a governing body over itself, without any interference from outside sources
or bodies. It may also be defined as the supreme power of a state to exercise
full legal authority over its own affairs within its territory without any form
of external control. It is the absolute power of a state to make and enforce
laws within its territory without any external influence.
Location of Sovereignty in a State
1. In a Unitary
Government: It is possible to locate
sovereignty in the central government or authority because it has the supreme
power above any institution in the State.
2.
Location in a Federal State:
Powers of government are shared between the central, regional or State
government. As such the ultimate sovereign power of a State is derived from the
constitution.
3.
Location in the Electorate: According to
Albert Venn Dicey, sovereign power can be located in the people (electorate)
because every democratic system tends to derive its legitimacy from the people.
4.
Location in the Monarchy: In Britain,
sovereignty can be located in the Queen in parliament as such the queen has the
absolute supreme power.
Location in a Military Regime:
In a military rule, sovereignty can be located in the Armed Forces Ruling
Council (AFRC) presided over by the president. The power of AFRC is unlimited.
It is both executive and legislative organ of government
Types of Sovereignty
Legal Sovereignty:
this is the power, which a state has to make laws and
enforce them. The body responsible for making and enforcing the laws of the
state is known as the legal sovereign.
Political Sovereignty:
in this type of sovereignty, the supreme power is vested on the electorate (the
people) to establish their own government through voting. The people’s mandate
through the ballot box forms the power of government.
Internal Sovereignty:
this is the power of the state to exercise power over its nationals within its
territorial areas.
External Sovereignty:
in a simpler form, this is defined as freedom from external control. The
government has the power to conduct its affairs without external influence.
De-facto Sovereignty: this
refers to a body that acquires its sovereignty of a state through force. This
is evident through the forceful seizure of government through military invasion
or revolution. It uses force to ensure total obedience to its will.
De-jure Sovereignty:
in this type of sovereignty, that is acquired in accordance to the laws of the
land. It is opposed to the use of force.
Characteristics of Sovereignty
1.
Indivisibility:
the powers of a state are final and cannot be shared or divided.
2.
Permanence:
Sovereignty of a state is permanent as long as the state exists. Government may
change but a state’s sovereignty cannot change.
3.
Absoluteness:
this means that a state gives order to all and receives order from none. The
powers of a sovereign state cannot be limited.
4.
Absence of Foreign control: the powers of a sovereign state are
supreme in its own territory and are very free from external influence.
5.
Comprehensiveness:
the power of a sovereign state extends over all persons, organizations and
associations within its territory.
6.
Inalienability:
this means that the powers of sovereignty of a state cannot be transferred. If
it is given away, it cannot be regained.
Limitations to the Sovereignty of a State
a.
Treaties: Treaties entered into by different states are a
limitation to such states. They must respect the terms of the treaty.
b.
International Laws: Every
country must abide by the international laws and convention. U.N.O has the
capacity of imposing sanctions on any country that defaults.
c.
International Organisations: States that belong to international
or regional organisations like U.N.O, OAU, etc, must be ready to abide by the
rules governing these organisations. This is a limitation.
d.
Military and technological might of some powerful states: These
powerful states can easily influence the economic and political policies of
smaller or weaker states.
e.
Resources of States: States
with poor resources depend on richer states for different kinds of assistance.
f.
Public Opinion: The opinion of the people, whether internal or
external, is powerful and is not what any reasonable government should ignore.
g.
The electorate: The electorate possess political or popular
sovereignty in modern states. They have the power to elect and remove political
leaders from office or government.
Customs
and traditions of the people: In order to obey the customs and traditions of
the people, sovereignty of the state may be limited.
a)
