Legitimacy And Sovereignty SS1 Government Lesson Note

LEGITIMACY

The word legitimacy is derived from the Latin word legitimus, which means lawful or according to law. In government, it means the acceptance of the political system by the people in compliance with the laid down rules and regulations.

A government is considered to be legitimate if it has come into office through a generally recognized and acceptable means such as a free and fair election. It also means the support of the people toward a government in power, since the stability of government depends largely on popular support from the people.

Factors That Affect Legitimacy

1. Leadership: when a leader performs very well, the people accept his regime as a legitimate one.
2. Common National Symbols: the existence of common national symbols like the National Anthem, Pledge, National Flag, Coat of Arms, National Passport etc encourages legitimacy. The observance of national holidays and acceptance of common heroes and heroines also affect legitimacy.
3. Popular participation: for legitimacy to take place, various interest groups such as political parties, pressure groups, trade unions etc must be allowed to participate in government affairs.
4. Foreign Diplomacy: the foreign policies adopted by a government of a country determine its legitimacy before other nations.
5. Good Government: when the government meets up to the expectations of the people, its legitimacy is recognized. This is why some military governments seek to legitimize their government by implementing good policies.
6. Popular support: if a government in power receives the support of the people, it is legitimate. In modern democracy, the party that receives the greatest support in an election forms the legitimate government.

SOVEREIGNTY

Sovereignty may be defined as the supreme power in a state to exercise full legal authority over its affairs within its territory without any form of external control. A French political philosopher Jean Bodin (1530- 1596) introduced the modern Theory of Sovereignty.

He defines it thus sovereignty is the supreme and final legal authority above and beyond which no further legal power exists. A sovereign state therefore has the absolute power to make and enforce laws within its territory without any external influence.

Types of Sovereignty

1. Legal Sovereignty: this is the power, which a state has to make laws and enforce them. The body responsible for making and enforcing the laws of the state is known as the legal sovereign.
2. Political Sovereignty: in this type of sovereignty, the supreme power is vested in the electorate (the people) to establish their government through voting. The people’s mandate through the ballot box forms the power of government.
3. Internal Sovereignty: this is the power of the state to exercise power over its nationals within its territorial areas.
4. External Sovereignty: in a simpler form, this is defined as freedom from external control. The government has the power to conduct its affairs without external influence.
5. De-facto Sovereignty: this refers to a body that acquires its sovereignty of a state through force. This is evident through the forceful seizure of the government through military invasion or revolution. It uses force to ensure total obedience to its will.
6. De-jure Sovereignty: in this type of sovereignty, it is acquired by the laws of the land. It is opposed to the use of force.

Characteristics of Sovereignty

1. Indivisibility: the powers of a state are final and cannot be shared or divided.
2. Permanence: The sovereignty of a state is permanent as long as the state exists. Government may change but a state’s sovereignty cannot change.
3. Absoluteness: this means that a state gives order to all and receives order from none. The powers of a sovereign state cannot be limited.
4. Absence of Foreign control: the powers of a sovereign state are supreme in its territory and are very free from external influence.
5. Comprehensiveness: the power of a sovereign state extends over all persons, organizations and associations within its territory.
6. Inalienability: this means that the powers of sovereignty of a state cannot be transferred. If it is given away, it cannot be regained.