Sunteți pe pagina 1din 2

Political Science 1 November 23, 2006 1. Sovereignty. 1.1. 1.2. 2.

The supreme power of the State to exact obedience to its laws upon the citizens. The power of the State to command obedience, the power to which, legally speaking, all interests are practically subject and all will coordinate.

Classifications of Sovereignty. 2.1. As to the scope of the States power. 2.1.1 2.1.2 2.2. Internal Sovereignty denotes the power of the State to govern and control its people. External Sovereignty represents independence, the freedom of a State from external control or intervention.

As to the source and extent of States power. 2.2.1. 2.2.2. Political Sovereignty insofar as the power of the State resides from the people whom the government served. Legal Sovereignty is largely based on the power of the electorate expressed through referendum and initiative.

2.3.

As to its Essential Characteristics. 2.3.1. 2.3.2. 2.3.3. Inalienability insofar as it cannot be transferred at any State by any means. Perpetuity insofar as it persists so long as the State exists. Unlimited insofar as the people as a collective body possesses it.

3.

Principles of Sovereignty. 3.1. 3.2. Auto-limitation insofar as a State may by its consent, expressed or implied, submit to a restriction of its sovereign rights. Imperium the authority of the State to govern is embraced in the concept of sovereignty. It includes passing laws, governing a territory, maintaining peace and order over it, and defending it against foreign invasion. Simply, it refers to the powers of the State to perform governmental functions. 3.3. Dominium The capacity of a State to own or acquire territory. It constitutes the power of the State to perform proprietary functions.

4.

Manifestations of Sovereignty. 4.1. 4.2. 4.3. Territorial the authority of State to have all persons and things within its territorial limits to be completely subject to its control and protection. Personal it covers the authority of the State over its nationals, their persons, property and acts, whether within or outside the territory. Extraterritorial the authority of the State over persons, things, or acts, outside its territorial limits by reason of their effects to its territory.

5.

Effects of Sovereignty. 5.1. During A Belligerent Occupation. 5.1.1 POLITICAL LAWS. The political laws of the occupied territory are merely suspended subject to revival under the principle of jus postliminium or jus postlimini upon the end of the occupation. Jus Postliminium or Postlimini refers to the reversion to the old laws and sovereignty of territory that has been under a belligerent occupation. The rule suspending political laws affects only the civilian inhabitants and is not intended to bind enemies in arms.
5.1.2. NON-POLITICAL LAWS. The non-political laws are deemed continued

since they are intended to govern the relations of individuals as among themselves and are not generally affected by changes in regimes or rulers unless changed by the belligerent occupant.
5.1.3. JUDICIAL DECISIONS. The judicial decisions are valid during the

occupation and even beyond the occupation except those of political complexion, which are automatically annulled upon the restoration of the legitimate authority.
5.2.

WHEN THERE IS A CHANGE OF SOVEREIGNTY. 5.2.1. THE POLITICAL LAWS. The political laws of the former sovereign are not merely suspended but abrogated and fallen to the ground ipso facto insofar as they regulate the relation between the ruler and the ruled. The exception is, however, that when political laws are retained or re-enacted by a positive act of the new sovereign either: by the Commander-in-chief during the war, or by Congress during peace time. 5.2.2. THE NON-POLITICAL OR MUNICIPAL LAWS. The non-political or municipal laws continue in operation with full force and effect insofar as they regulate private relations only. The exception is, nonetheless, that when non-political or municipal laws are: changed by the new sovereign by an affirmative act of either the commander-in-chief during the war, or Congress during peace time.