The distinction between legal sovereignty and political sovereignty. (Edexcel A-Level Politics): Revision Notes
📚 Revision Notes
11.4.1 The distinction between legal sovereignty and political sovereignty.
Legal Sovereignty
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Definition:
- Characteristics:
- Absolute Authority: Legal sovereignty is theoretically unlimited. In the UK, this means Parliament can legislate on any matter, without legal constraints.
- Location in the UK: The UK Parliament holds legal sovereignty, which includes the House of Commons, the House of Lords, and the Monarch in their law-making capacity.
- Judicial Role: Courts uphold and apply the laws passed by Parliament. They do not have the power to strike down legislation on the grounds of constitutionality, unlike in countries with a codified constitution.
- Examples:
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- Parliamentary Acts: Any act of Parliament, such as the Human Rights Act 1998 or the European Union (Withdrawal) Act 2018, represents an exercise of legal sovereignty.
- Unlimited Scope: Parliament could, in theory, pass any law, such as changing the constitution or altering the rights of citizens, demonstrating its legal sovereignty.
Political Sovereignty
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- Definition:
- Political sovereignty refers to where ultimate power resides in practice, considering the influence of public opinion, political realities, and practical constraints. It represents the actual distribution of power and the ability to enforce decisions within a state.
- Characteristics:
- Influence of Public and Political Forces: Political sovereignty considers factors like public opinion, the media, political parties, and pressure groups, which can influence or limit the actions of legally sovereign bodies.
- Flexible and Contextual: Unlike legal sovereignty, political sovereignty can shift based on the political context, such as the strength of the government, public support, or international pressures.
- Real-World Power Dynamics: Political sovereignty is about who truly holds power in practice, which may not always align with who holds legal authority.
- Examples:
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- Government Accountability: While Parliament is legally sovereign, the government often exercises significant political sovereignty, especially if it has a strong majority in the House of Commons.
- Public Opinion and Elections: Political sovereignty is evident in how public opinion and the outcome of elections can constrain or empower governments, influencing their ability to govern effectively.
Key Distinctions
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- Legal vs. Practical Power: Legal sovereignty is about the formal and legal authority to make laws, while political sovereignty is about who actually holds power and can enforce their will in practice.
- Stability vs. Flexibility: Legal sovereignty is a stable and fixed concept rooted in law, whereas political sovereignty is fluid and can change with shifting political circumstances.
- UK Context: In the UK, legal sovereignty resides with Parliament, but political sovereignty can be seen in the influence of the electorate, the government of the day, and external factors like international relations.
Summary
The distinction between legal and political sovereignty lies in the difference between formal, legally recognised authority (legal sovereignty) and the practical, real-world power to influence decisions and governance (political sovereignty). In the UK, Parliament holds legal sovereignty, but political sovereignty can vary depending on public opinion, political dynamics, and other practical factors.