Difference between legal and political sovereignty?

Answer 1

here are, many differences that distinguish political sovereignty from legal sovereignty. The author A.V. Dicey argued that legal sovereignty resided in parliament and political sovereignty rested with the electorate, because the electorate chooses parliamentary representatives. Political sovereignty is defined in terms of unlimited political power, while legal sovereignty is defined in terms of absolute legal authority.

Legal sovereignty is to do with supreme power over decision making on certain political issues, whereas legal sovereignty is to do with supreme power with legal issues.

Legal sovereignty is paramount control of the constitution and frame of government and its administration. It describes a self-sufficient source of political power, from which all specific political powers are derived. Political sovereignty also describes the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation.

Legal sovereignty supplies the empowered body with the power to do everything in a state without accountability, to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations. In legal theory, sovereignty is the ultimate overseer, or authority, in the decision-making process of the state and in the maintenance of order.

Legal sovereignty is the power to control parliament and have supreme legal control. Legal sovereignty provides absolute power over the judiciary and is located in parliament (with the Queen), as it can make and unmake laws, and cannot bind the hands of it's successors.

Political sovereignty is the supreme control of political issues at home and abroad. When legal sovereignty is exercised, the beholder has the power to control the political structure of the country that they govern and the international political scene projected by their country.

Political sovereignty can be gained by a large majority win at election time as the majority of the population favours this shows that the individual voted in.

Political sovereignty differs from legal sovereignty in that it does not provide the power to control government. It also does not provide the beholder paramount control over the constitution and it's framework