The major limitations on the sovereignty of a state include constitutional provisions, public opinion, membership of international organizations and international law.
In this post, I will give you the various limitations that are placed on the sovereignty of the modern democratic state. We shall, however, begin with the definition or meaning of sovereignty as a political concept.
Below is the type of question you must expect in your Senior High School Government test. It is the typical WASSCE/NECO Government question on the concept of sovereignty you’re likely to find in your examination.
A. WHAT IS SOVEREIGNTY?
B) OUTLINE FIVE MAIN LIMITATIONS ON THE SOVEREIGN POWER OF A STATE
This type of question on sovereignty expects you to do two separate things. First, you must give the definition or meaning of sovereignty. Secondly, show the limitations on sovereignty.
So this is what we must be doing now. We are going to define and explain the meaning of sovereignty. We will then proceed to outline the limitations on sovereignty.
The Meaning of Sovereignty
There is a clear difference between what sovereignty meant in the past and what it means today in the modern state. So, you will see below the distinction between the traditional meaning of sovereignty and the modern meaning of sovereignty.
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Traditional (or original) Meaning of Sovereignty
Sovereignty is the supreme power within a state over citizens unrestrained by law. Thomas Hobbes, Jean Bodin and John Austin agree that sovereignty is the supreme authority within a state which is definite, absolute, indivisible, inalienable, perpetual, unlimited, and unrestrained by law.
The classical notion of sovereignty, therefore, locates this authority in an individual usually a monarch or a single institution of the state.
Within the state, there is an individual or a group of individuals who issue commands and receive obedience. This individual or group constitutes the sovereign power of the state without which the state cannot be said to exist.
Modern Definition of Sovereignty
The modern definition of sovereignty whose chief proponent is A.V. Dicey (The Law of Parliamentary Sovereignty) makes a distinction between popular (or political) sovereignty and legal sovereignty.
Political or popular sovereignty is the supreme power of the people to decide the type of government they want. The people exercise their power through the ballot box.
Legal sovereignty, on the other hand, refers to the elected representatives of the people who operate in such institutions as the legislature or parliament, the executive and the judiciary. And the exercise of that sovereign power is done within the limits provided by the constitution.
Limitations on Sovereignty
In the modern state, the notion of a sovereign with absolute, limitless power to issue commands and receive obedience without question is no longer the norm. The following are the limitations on the sovereign power of the state.
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1. Constitutional Provisions
The Constitution: The supremacy of the constitution makes it possible for all institutions in the state to have their powers limited by the constitution itself. In other words, the law of the land should be above everybody.
2. The Need to Consider Public Opinion
Public Opinion: Public opinion has the capacity to check and control the exercise of the powers of government. Members of the public express their opinions through the mass media, protests and mass demonstrations.
3. Demands from International Organizations
Membership of International Organizations: Membership of international organizations such as the U.N. African Union, Commonwealth and ECOWAS place limitations on the sovereign power of the state. This is because the states concerned are obliged to abide by the policies and values of these organizations and the rules governing them.
4. The State’s Dependence on Other Countries
Interdependence of states (eg. the need for Foreign Aid): A state cannot depend entirely on its own resources. It may depend on other countries for economic, military and other forms of assistance. It is possible for these donor countries to influence or dictate the economic policies of such countries.
5. Obligations Under International Law
International Law: States have to abide by international law and conventions. These laws and conventions place a limitation on the sovereignty of states.
6. Delegated Legislation
Delegation of power in modern governments: In modern states, parliament usually delegates its law-making powers to some other bodies e.g. local government bodies. When this happens, the sovereign power of parliament to make laws is limited.
7. Military Intervention in Politics
Military take-over of government: When there is a military take-over of government, the military junta quickly dissolves parliament and suspends the constitution.
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Conclusion
Unlike the idea of sovereignty in ancient monarchical systems of government, the modern concept of sovereignty has many checks on it. These limitations on sovereignty are necessary for the proper functioning of a truly democratic system of government.
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Ralph Nyadzi is the Director of Studies at Cegast Academy. He is a qualified English tutor with decades of experience behind him. Since 2001, he has successfully coached thousands of High School General Arts WASSCE candidates in English, Literature and related subjects. He combines his expertise with a passion for lifelong learning to guide learners from varying backgrounds to achieve their educational goals. Ralph shares lessons from his blogging journey on BloggingtotheMax. He lives with River, his pet cat, in the Central Region of Ghana.
Exactly what i wanted, thanks
I’m glad you liked it, Theodore.
With all what you’re talking about here, I think you are building the leaders of tomorrow and may GOD bless you too.
Thank you, Olawale.
Thank you
It’s my pleasure, Princess.