Legitimacy and Sovereignty – SS1 Government Lesson Note (First Term)

Legitimacy is the people’s acceptance of a government as lawful, usually because it came to office by a recognised means such as a free and fair election. Sovereignty is the supreme power of a state to make and enforce laws within its territory without external control.

Behavioural objectives

By the end of the lesson, students should be able to:

• define legitimacy and sovereignty;
• state the factors that affect legitimacy;
• name the types of sovereignty and explain each one;
• list and explain the characteristics of sovereignty.

What is legitimacy?

The word legitimacy comes 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 line with the laid down rules and regulations.

A government is legitimate if it has come into office through a generally recognised and acceptable means, such as a free and fair election. Legitimacy also means the support of the people for the government in power, since the stability of a government depends largely on popular support.

What factors affect legitimacy?

1. Leadership: when a leader performs very well, the people accept his regime as legitimate.
2. Common national symbols: common national symbols such as the National Anthem, the Pledge, the National Flag, the Coat of Arms and the National Passport encourage legitimacy. The observance of national holidays and the acceptance of common heroes and heroines also affect legitimacy.
3. Popular participation: for legitimacy to develop, interest groups such as political parties, pressure groups and trade unions must be allowed to take part in government affairs.
4. Foreign diplomacy: the foreign policies a government adopts determine its legitimacy before other nations.
5. Good government: when the government meets the expectations of the people, its legitimacy is recognised. This is why some military governments try to legitimise their rule by implementing good policies.
6. Popular support: a government that receives the support of the people is legitimate. In a modern democracy, the party that receives the greatest support in an election forms the legitimate government.

What is sovereignty?

Sovereignty is the supreme power in a state to exercise full legal authority over its affairs within its territory without any form of external control. The French political philosopher Jean Bodin (1530-1596) introduced the modern theory of sovereignty.

Bodin defined sovereignty as 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.

What are the types of sovereignty?

1. Legal sovereignty: this is the power 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: 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 authority over its nationals within its territory.
4. External sovereignty: in simple terms, this is 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 the sovereignty of a state through force, for example by the forceful seizure of government through military invasion or revolution. It uses force to ensure total obedience to its will.
6. De-jure sovereignty: this is sovereignty acquired by the laws of the land. It is opposed to the use of force.

What are the 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 lasts as long as the state exists. Governments may change, but the sovereignty of the state does not.
3. Absoluteness: a state gives orders to all and receives orders 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 free from external influence.
5. All-embracing authority: the power of a sovereign state extends over all persons, organisations and associations within its territory.
6. Inalienability: the powers of sovereignty of a state cannot be transferred. If they are given away, they cannot be regained.

Evaluation

1. What is legitimacy?
2. State four factors that affect legitimacy.
3. Define sovereignty according to Jean Bodin.
4. Distinguish between de-facto sovereignty and de-jure sovereignty.
5. List four characteristics of sovereignty.

Assignment

1. Explain how national symbols and good government contribute to the legitimacy of a government.
2. Explain any three characteristics of sovereignty.