Written by Sovereignty is the supreme power of the state to make and enforce laws within its jurisdiction without any form of outside influence.
It is a term used in politics to describe a state’s absolute power over its people.
According to Jean Bodin, “Sovereignty is the supreme power over citizens and subjects, unrestrained by law”.
Another way to think of sovereignty is that it refers to the dominant force or authority within a state.
Characteristics of Sovereignty
1. Permanence: Sovereignty is dependent on the state.
Since the state is relatively permanent, we can infer that sovereignty is relatively permanent.
2. Absoluteness: This is another important characteristic of sovereignty.
Sovereignty is absolute, and it is not limited to the control of any higher authority.
So, if a state is sovereign, it simply means that the state is independent, and can make laws and policies without the interference or control of other states.
3. Not tied to any government: Sovereignty is not tied to any government.
Even if a state’s government changes, its sovereignty will stay intact.
4. Inalienability: This means sovereignty cannot be transferred or surrendered to another.
If a state tries to transfer its sovereignty to another state, it will lose its sovereignty and destroy itself
Hence, sovereignty is inalienable.
5. Indivisibility: Only one sovereign can exist in a state. Sovereignty is not divisible as two sovereigns cannot coexist in the same state without causing confusion and anarchy.
Types of sovereignty
1. External sovereignty: This is the power of the state to control its affairs without any form of external interference.
A state has external sovereignty if it is politically free of any outside control from other states.
So, states like USA, Nigeria, UK, and Germany all have external sovereignty.
2. Internal sovereignty: This refers to the state’s complete authority to rule over everything and anything that occurs inside the state. It is the ultimate power of the state to make and enforce the law within its jurisdiction.
Internal sovereignty means a state has total control over every institution, individual, association, and group within its territory.
3. De-jure sovereignty: This type of sovereignty comes from gaining control in a legal manner.
A government will have de-jure sovereignty if it acquires powers through legitimate means. De-jure sovereignty is typically a result of a constitution being in place.
4. De-facto sovereignty: This is based on the use of military force.
De-facto sovereignty usually occurs whenever a group of people takes over the activities of government through a military coup.
5. Political sovereignty: This is the type of sovereignty expressed by the electorates.
It is the power of the electorates to choose their representatives legally through the election.
Limitation of sovereignty
1. Constitution: The country’s constitution is the fundamental and supreme law. It directs every action taken by every person in the state, including the government.
The supremacy of the constitution ensures that the power of every institution and citizen of the state is limited by the constitution.
So, the powers of the sovereign are limited by the constitution.
2. International law: As states must interact, certain laws guide the way they interact. These laws are called international laws.
Each state’s interactions with other states are governed by international law. In order to prevent international conflicts, all states must abide by international law.
A state has sovereignty over everything within its jurisdiction, but it does not have sovereignty over the affairs of its citizens that resides outside its territory.
So, the state must comply with international laws. So, the sovereignty of a state over the affairs of its citizens is restricted by international laws.
3. Membership of international organization: Joining an organization like the African Union (AU), European Union (EU), or United Nations organizations (UNO) obligates the state to abide by any agreements made by the organization, including treaties and resolutions.
For instance, the international organization may adopt a resolution to withdraw a member state’s membership or impose a trade embargo on a state, both of which must be complied with by all member states.
4. Pressure group: The activities of pressure groups can sometimes limit sovereignty.
Even though the concept of sovereignty suggests that the state has complete control over the actions of people, institutions, and groups, the actions of strong pressure groups occasionally influence the activities of the state.
For example, In Nigeria, the activities of the National Labour Congress, as brought has led to the reversal of several government policies.
One instance is in 2012 when the strike action embarked on by the Nigeria Labour Congress forced the then-president Goodluck Jonathan to reverse the removal of the fuel subsidy.
