Sovereignty In The World Model - Case Study Example

The Meaning Of Sovereignty Sovereignty is a wherein absolute and independent power is bestowed upon a single entity. It is a situation wherein supreme authority is granted to a single body which can perform both political as well as non political functions without any accountability. From the right to making laws to its execution and then finally, its application on the collection of taxes, levy contribution, war, peace, treaties of commercial and political alliance are all conducted under the strict supervision of the sovereign body. This absolute, uncontrollable right to govern the state without any accountability in turn is termed as sovereignty. (Author 1999) (Hinsley 1986) Sovereignty In The United States Model The United States of America supports a federal type of system wherein the state government functions as a separate entity and has got nothing to do with the central government. The United States prefers what we call the “clipped sovereignty”. It needs to be noted than in terms of constitutional sovereignty, the federal law is supposed to be placed at a higher pedestal when compared with state law. Hence, if the need of the hour demands the state government to tone down their policies and legal status with regards to the federal system, they would have no choice but to comply. The clipped sovereignty has been showcased in a perfect manner through a relevant sentence in the Article IV of the constitution. (Bloom and Johnson 2001) (American Philosophical Association, Sage School of Philosophy, JSTOR 1964) “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (Bloom and Johnson 2001) Sovereignty In The European Model European countries, with special regards to Germany, Switzerland, Austria, Belgium and the European Union, follow an Upper Federal House System. Out here, there is no election but the composition is based on the governments of their constitution. In Germany Adolf Hitler viewed federalism as an obstacle and he wrote about it in his book Mein Kampf. He wrote, “National Socialism must claim the right to impose its principles on the whole German nation, without regard to what were hitherto the confines of federal states.” (Hitler 1998) This is what European federalism has to say about sovereignty. “Those uncomfortable using the “F” word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, for the purposes of the analysis here, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation; most contemporary students of federalism view the EU as a federal system.” (Helen Dwight Reid Educational Foundation 1983) The Canadian Model The Canadian system is a federal set up wherein the power is divided amongst federal parliament and the provincial governments. The (Section 91 of the Constitution) gives rise to the powers of the legislature, while the (Section 92 of the Constitution) gives rise to the power of the provinces. (Hinsley 1986) (Yogis 2003) Rule Of Law And Arbitrary power Rule Of Law The rule of law clearly states that no one is above law. "For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other." (Paine 1997) The French version of law states, ‘la primauté du droit’, which in French stands for ‘the whole body of law’. (Nutt 1857) (Weeramantry 1997) The English describe the rule of law as their Magna Carta. The Islamic law with the inclusion of caliphs and sultans is also included in this concept. The Basic principles: (Weeramantry 1997) (Author 1999) # The laws are prospective # The laws are stable in nature # The laws are based on the basis of clear rules and regulations # The laws should grant the independence of judiciary # The characteristics of natural justice are adhered to by the rule of law # The rule of law should be reviewable by the court of law # Each individual should have the right to get justice through the court of law # Crime prevention and other law enforcement agencies should be powerful enough to protect the rule of law. The Arbitrary Set Up Arbitrary power is a system which is not governed by any rules and it also happens to be beyond the direct control of any law. Arbitrary power has no place for morality, security and patriotism and only despotic states are said to favor such a governing system. (Keach 1994) Rule Of Law And The Arbitrary Set Up The prime functionality of the rule of law is to govern a particular state in accordance to a set of predetermined laws which have been duly written and passed by the constitution. (Davis 2007) The rule of law, which has been duly signed and stamped by the state constitution, plays a major role in trying to curb the arbitrary forces which may try and influence power through illegal use of coercion and force. Mob rule and totalitarian forms of government are often looked on as hostile forces when it comes to segregating the powers to a particular section of the society. Once again, mob fury and unethical elements can be controlled in a federal set up through the means of rule of law. On the other hand, if we are to compare a federal set up with a dictatorial regime, it would not be incorrect to state that over here, the rule of law is hostile in nature. (Davis 2007) Hence, in a nutshell, it would not be incorrect to state that it is indeed the rule of law which puts a hold on arbitrary forces from taking the law in their own hands. This would also ensure a smooth and efficient application of law and there would be no illegal act committed in the state. Human rights would be respected and acts of unnecessary force, which are both illegal as well as unnecessary in nature, would not be allowed to take place. (Keach 1994) Formal Rights in The Society A democratic set up is a perfect example of a society wherein the formal rights are in the hands of its citizens. The rights are granted by the citizens to a select few through the means of an electoral set up. A democratic set up has no form of expression and there is certainly no fixed definition for the same. In simple words, democracy is a system through which its citizens have a right to express their freedom through the means of the press, the political parties, speech and actions. Likewise, the entire society has an equal access to powers. (Stallybrass 1897) On the other hand, liberal democracy would include civil liberties, human rights, parliamentary sovereignty and judicial independence. When we discuss the fairness of a democratic set up, we often come across situations wherein the laws are misused to uplift a particular section of the society while downgrading the other. This is a common malpractice which is followed in a democratic society and it has been noted several times wherein an economically stronger opponent has managed to successfully retain his/her basic as well as privileged rights in the society with ease. As opposed to the above category, which we ideally term as VVIP’s, the ordinary citizens often have to struggle with all their might to attain even the simplest of their basic social rights. (Helen Dwight Reid Educational Foundation 1983) If we are to take this debate further and focus on a global perspective, it would not be incorrect to state that the inset of Islamic fundamentalism has directly threatened the very concept of a free social set up. Then again, if we are to narrow the example to a day to day scenario, we would notice that there is a lot of segregation in terms of seniority and junior and also in terms of a parent and a child. Likewise, whenever you attend a classroom lecture, you would notice that a teacher is blessed with more rights as compared to a student and a good student, who also happens to be academically advanced, exercises more privileges as compared to a student who is average in studies. In the end, it would be incorrect to state that differences do exist in such a scenario but what needs to noticed is that almost each and every individual is treated in a different manner. This is despite the fact that democracy has formulated the same rules for everybody. In some ways, this disparity in treatment is justified but in most cases, it is somewhat non-judgmental in nature. It can be described as a natural instinct which has been passed on from one genre to another and has nothing to do with partiality or an inhuman approach. (Cass 2003) Works Cited American Philosophical Association, Sage School of Philosophy, JSTOR . The Philosophical Review. Cornell University Press, 1964. Author, Anoynamous. The Sovereignty Files: The Real Story. NY: Town Square Books, Incorporated, 1999. Bloom, Sol, and Lars Johnson. The Story of the Constitution. Christian Liberty Press, 2001. Cass, Ronald A. The Rule of Law in America. JHU Press, 2003. Constant, Benjamin, and Biancamaria Fontana. Political Writings: Political Writings. Cambridge University Press, 1988. Davis, Angela J. Arbitrary Justice: The Power of the American Prosecutor. NY: Oxford University Press US, 2007. Helen Dwight Reid Educational Foundation. Sociology: Reviews of New Books. Helen Dwight Reid Educational Foundation, 1983. Hinsley, F. H. Sovereignty. Cambridge: Cambridge University Press, 1986. Hitler, Adolf. Mein Kampf. Houghton Mifflin, 1998. Keach, William. Arbitrary Power: Romanticism, Language, Politics. Princeton University Press, 1994. Nutt, David. A Catalogue of Theological Books in Foreign Languages: Including the Sacred Writings ... Works of the Reformers ... Monastic History and Rule ... on Sale by David Nutt ... and Trübner & Co... London: W. Stevens, 1857. Paine, Thomas. Common Sense. Courier Dover Publications, 1997. Roark, James L. Compact American Promise and the Soverignity and Goodness of God. Bedford/Saint Martins, 2000. Stallybrass, William Swan. A bibliography of social and political economy, law and education. Being the sections relating to those subjects in The best books and The readers guide. Unspecified Publisher, 1897. Weeramantry, C. G. Justice Without Frontiers: Furthering Human Rights. Illustrated. Martinus Nijhoff Publishers, 1997. Yogis, John A. Canadian Law Dictionary. 5th Edition. Hauppauge, NY: Barrens, 2003. Read More