This paper will try to asses that question in particular. Theoretical Framework The concept of International Law International law, also called public international law or law of nations, is the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors . The concept of Power Politics Political action characterized by the exercise or pursuit of power as a means of coercion. International diplomacy based on the use or threatened use of military, political or economic power. Power politics is the core of realism, as realism assumes that states merely do something based on their national interest, and through whatever means necessary, including the means above.
Democracy is a political system which, at its core, enshrines the public sovereignty through the representative mechanism. In democracy, political representation by popular vote is a source of the political legitimacy on which the government practice the state power. As always, we have learnt about “power tends to corrupt, absolute power corrupts absolutely” , say Lord Acton , we , in democracies , need to set up control mechanism over usage of power . On the other hand, the government can do nothing for the people without having considerable powers such as taxation, law makings, law enforcement and probing social and political issues and the likes . In concept of Democracy, the power must be limited and put under “check and balance” mechanism.
Constitutional law is interested with the duty and powers of the institutions of the government and with the relationship between the citizen and the government. The United Kingdom’s constitutional development has an unbroken history starting from 1066. ‘Constitutionalism’ is the doctrine which governs the lawfulness of government action. Constitutionalism suggests the things that are far more important than the concept of ‘legality’ which expects official conduct to be as per pre-settled lawful guidelines. In brief, constitutionalism suggests the limitation of power, the separation of powers, the doctrine of responsible accountable government and the protection of individual rights and freedoms.
Introduction According to Bledsoe and Bozcek in their book, the International Law Dictionary, state jurisdiction is the capacity of a State under International Law to prescribe and enforce the rules of law. It is derived from the State sovereignty and constitutes its vital and central feature. In other words Jurisdiction is the authority state has over individuals, property and actions which happen within its sovereign territorial area (whether it is its land, its national airspace, its internal and territorial water, or even its national vessels) therefore giving state the right to stipulate laws, impose them and to adjudge the proceeding of it. Jurisdiction (or state Jurisdiction) is a quite versatile term in International Law, as there are actually three types of jurisdiction held by state. Therefore, to comprehensively understand the term, it is better to explain what these types of jurisdictions are.
A constitution in the modern sense is a document drafted in the name of the people to specify the relationship between government and citizen, to establish and regulate the powers of the main institutions of government, and to take effect as fundamental law. As a relevant concept to the constitution, constitutionalism, is, contrary to its original expression of limited government (negative constitutionalism), nowadays viewed as an extremely powerful form of legitimating extensive government with the contribution of its derivation from the idea of public service(positive constitutionalism), not from a theory of sovereignty . On the other hand, from a critical perspective, it is argued that modern discourses of popular or modern sovereignty (modern constitutionalism) can be anything other than a disguised form of absolutism which the discourse of constitutionalism is claimed to prevent. According to this perspective, both sovereignty remains a centralised power to command that is resistant to the democratic discourses, and constitutionalism is a largely ideological tool that purports to portray the location of power and control while in fact the modern form of domination is actually existent in less visible location . The power of narrative, symbol, ritual, theology and myth is evident in masking the dominance, creating its own political reality and forging normative constitution which does not reflects social constitution of a given society.
Sovereignty is a concept of power in a country. Classic view stating that the country can not be separated by sovereignty. Sovereignty is a power so that the subject of sovereignty can determine the direction of the desired policy. According to J.J. Rosseau, the concept of sovereignty is based on populist and based upon voluntee generale which the people incarnate in the regulations or who are often known by the term democracy. Sovereignty is often referred to by the term democracy.
Constitutionalism is a modern concept that requires political order governed by the laws and regulations. It describes the system of government regulated by the supreme law of the land which is the constitution. Constitutionalism is also described a government conducted in accordance with and within the limits set by the constitution. It desires to have political institutions and order in which the powers of the government are limited; it also tells us how political affairs are run in any given country. In its critical sense includes the ideal of nationalism, democracy and limited government and embrace’s the supremacy of the law and not individual or organizations.
Prescriptive Jurisdiction The power of a state to regulate people, property, and transactions or to prescribe conduct, usually through the passage of laws or regulations. The point of this type is that the state legislature has the right to create, amend, or repeal the law. A state have the privilege to make laws that binding within its territory. This supremacy is entrusted to the body that is constitutionally recognized. “In these
These political systems range from direct democracies to totalitarian regimes, such as military dictatorships. Common systems in the modern world include democratic republics, monarchies, and representative democracies. There are also primarily theoretical types of governments, like a strict meritocracy. One of the most often-talked about political system is a representative democracy. This is a system in which representatives are directly elected by the citizens, and these representatives then make political decisions for the people, with the assumption that their decisions will reflect the general will of the republic.
Singapore is a sovereign state. Sovereignty is defined as the quality or state of being sovereign, or having absolute independence and power such as authority. (Dictionary.com, n.d) Additionally, a sovereign state such as Singapore can be represented as an independent nation, having full control and autonomy over its regulations and decisions within its territories. There is a great deal of challenges relating to sovereignty due to the ongoing process of globalization. However there are three challenges which stood out the most, they are the migration issues, the challenge of compromising state laws and policies to more powerful foreign nations and conflict over territories between nations.
I. INTRODUCTION In International Law, jurisdiction is related to the concept of sovereignty and territory. In order to become a state, it must have territory and when a state has territory it is sovereign; and sovereign means it has supreme authority within its territory and is politically and legally independent with power to affect people, property and circumstances within its territory. Jurisdiction on people and property is an important and crucial part of state sovereignty. According to Shaw, jurisdiction is concerning about the power of state under international law to regulate or otherwise impact upon people, property and circumstances and reflects the basic principles of state sovereignty, equality of states and non-interference in
The perceived legitimacy of governments stems from the powers the governments hold, how they enforce laws, and how their citizens act on them. The different political organizations throughout the world mainly depend on the two pathways that an organization can take. The first being consensus, which is linked to democratic rule, in which people are brought together and create common rule based on their needs of protection and security. Coercion on the other hand, is very much linked with authoritarian rule, in which a ruler brings people together and monopolizes the authority and security through dominated the power of the people. In order for a country to be considered legitimate, the people must trust the efforts and aim of the country,
From the logical starting point of American constitutionalism, the concept of people's sovereignty is an important cornerstone of American constitutional system design. From the feudal system autocracy to the practice of democratic constitutionalism, the key lies in the ownership of national sovereignty. From the logical point of view, the criticism of individual monarchy and sovereignty in the concept of the king must be derived from the logic of sovereignty in the people, that is, people's sovereignty. The idea of the people's sovereignty advocates that the power of the government derives from the grant of the people, and the government has the power to protect the vital lives of citizens, life and freedom. We have come to the source of righteousness, and there is a basic discourse on the doctrine of sovereignty in the Aristotelian era and the Roman law.
Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations. In his recent treatise revision, Prof. Ian Brownlie notes that "sovereignty and equality of states represents the basic constitutional doctrine of the law of nations. He further indicates that this basic doctrine is contextualized by three corollaries: 1. jurisdiction exercised by States over territories and permanent populations; 2. the duty not to intervene in the exclusive jurisdiction of other States; and 3. the dependence of obligations which emerge from the sources of international law. From the Brownlie perspective, sovereignty is a tricky balance between one State exercising its jurisdiction or authority and parallel exercises by other States. It is important to note that there is no internationally recognized definition of sovereignty, which with its eventual conceptualization could prove as a solution to many current
The ultimate arbiter of disputes between the citizen and the state superior courts are the superior courts. The courts determine the constitutional validity of executive and legislative acts. The legal line beyond which the might of the state cannot trump the rights of citizens, they delineate it. The judiciary has been given the vital role of reconciling the conflicting demands of power and liberty, responsibility and freedom and the might of the State and rights of the citizens, in a Constitution with a chapter on fundamental
Introduction As a democratic and republican country, the power of the government mainly comes from the people of the Philippines, as it is stated on Section 1, Article II of the 1987 Philippine Constitution. Because sovereignty lies in the people, a government structure should embrace to the individuals and not the individuals to a managed kind of structure. With the existence of Filipinos with distinctive influences and ethnic diversities, a decentralized manifestation of government would be more manageable (Nolledo, 1991). As stated in Title 1, Chapter 1, Section 2 of the 1991 Local Government Code, the process of decentralization shall continue from the national government to the local government units (LGUs). Through a decentralized form
Introduction As a democratic and republican country, the power of the government principally comes from the people of the Republic of the Philippines, as it is stated in Section 1, Article II of the 1987 Philippine Constitution. Because sovereignty lies in the people, a government structure should embrace to the individuals and not the individuals to a managed kind of structure. With the existence of Filipinos with distinctive influences and ethnic diversities, a decentralized manifestation of government would be more manageable (Nolledo, 1991). As stated in Title 1, Chapter 1, Section 2 of the 1991 Local Government Code, the process of decentralization shall continue from the national government to the local government units (LGUs). Through