(a)Differentiate between legal sovereignty and... | WAEC SSCE - Government - 1993 (Essay)

Question 1 Report

(a)Differentiate between legal sovereignty and political sovereignty.

(b) What factors limit the sovereignty of a government?

Answer

(a) Legal Sovereignty and Political Sovereignty distinguished

Legal Sovereignty	Political Sovereignty
It resides in the body that has the legal power to make and unmake laws (for example the legislature or the constitution).	It resides in the electorate or the whole body of the people whose wishes the legal sovereign ultimately obeys.
Its authority is definite, precise and recognised by law.	Its authority is indefinite, diffuse and not defined by law.
Its commands are binding and legally enforceable by the courts.	Its influence is felt through public opinion, elections and pressure rather than legal enforcement.
It is known and identifiable (e.g. Parliament).	It is not easily located because it lies with the mass of the people.

In short, the legal sovereign makes the law, but the political sovereign (the electorate/public opinion) controls the legal sovereign.

(b) Factors that Limit the Sovereignty of a Government

The constitution: A written and rigid constitution places limits on what government can lawfully do.
Public opinion: Government must respect the wishes and feelings of the people to remain in power.
International law and treaties: Obligations to other states and to bodies such as the UN, AU and ECOWAS restrict a government's freedom of action.
Fundamental human rights: Guaranteed rights of citizens set limits on the exercise of governmental power.
Separation of powers and checks and balances: The division of power among the arms of government limits the powers of each.
Pressure groups and political parties: Organised interests influence and restrain government decisions.
Economic dependence: Reliance on foreign aid, loans and investment limits the independence of government policy.
Judicial review: The power of the courts to declare acts of government unconstitutional restrains it.

(Any relevant factors are acceptable.)

Answer Details

(a) Legal Sovereignty and Political Sovereignty distinguished

Legal Sovereignty	Political Sovereignty
It resides in the body that has the legal power to make and unmake laws (for example the legislature or the constitution).	It resides in the electorate or the whole body of the people whose wishes the legal sovereign ultimately obeys.
Its authority is definite, precise and recognised by law.	Its authority is indefinite, diffuse and not defined by law.
Its commands are binding and legally enforceable by the courts.	Its influence is felt through public opinion, elections and pressure rather than legal enforcement.
It is known and identifiable (e.g. Parliament).	It is not easily located because it lies with the mass of the people.

In short, the legal sovereign makes the law, but the political sovereign (the electorate/public opinion) controls the legal sovereign.

(b) Factors that Limit the Sovereignty of a Government

The constitution: A written and rigid constitution places limits on what government can lawfully do.
Public opinion: Government must respect the wishes and feelings of the people to remain in power.
International law and treaties: Obligations to other states and to bodies such as the UN, AU and ECOWAS restrict a government's freedom of action.
Fundamental human rights: Guaranteed rights of citizens set limits on the exercise of governmental power.
Separation of powers and checks and balances: The division of power among the arms of government limits the powers of each.
Pressure groups and political parties: Organised interests influence and restrain government decisions.
Economic dependence: Reliance on foreign aid, loans and investment limits the independence of government policy.
Judicial review: The power of the courts to declare acts of government unconstitutional restrains it.

(Any relevant factors are acceptable.)

(a)Differentiate between legal sovereignty and political sovereignty. (b) What factors limit the sovereignty of a government?