Democratic Sovereignty:The Development of the Idea of Sovereignty in Political Theory and A New Approach to Sovereignty
Resource
政治科學論叢, 7, 125-156
Journal
政治科學論叢
Journal Issue
7
Pages
125-156
Date Issued
1996-06
Date
1996-06
Author(s)
Yang, Philip
Abstract
The notion of sovereignty appeared as a political ideal in the discussion of the theory of modern state. Later, it was used to describe states' internal and external power relations. Sovereignty cannot be understood without reference to its specific context in time space. Changes in the doctrine of sovereignty reflect changes in political facts, both domestic and international. This paper will first examine the idea of sovereignty, in theory and practice, in its domestic contex-both about and popular notions of the concept. This theory was closely associated with and clearly articulated by such early theorists as Jean Bodin and Thomas Hobbes. With the inception of constitutional government, Locke, and after him Rousseau, propounded the theory that the people as a whole were the sovereign. Both the concepts of absolute and popular sovereignty are defined by the location and distribution of final political power in a state. This research will then review the recent opinions of sovereignty in both domestic and international contexts, and it will examine the argument for the end/transformation of sovereignty. The principles of sovereignty are neither fixed nor constant. In the domestic application, the notion of popular sovereignty has become the dominant feature of the political structure of states. As a international legal concept, sovereignty lent state power the supreme authority and independence within its territory boundary under international law. The external application of the idea of sovereignty was regarded as the core concept by various international law theories. In modern time, sovereignty remains the central ideal in all political stages, either its domestic or international (internal or external) aspects. It is premature to assert the end of sovereignty, though the idea needs to be refined in accordance with rapid developments of both the nature of state and international interdependence. The main purpose of this paper is to propose a new approach to sovereignty and offer a framework for the new approach, both in internal and external perspectives. In this new approach, the author tries to combine both discussions about the notion of sovereignty within the state and in international law into one new idea of "democratic sovereignty," which is designed to replace the traditional notion of popular sovereignty. The framework of democratic sovereignty includes both internal and external aspects of the idea of sovereignty. Internal sovereignty will include the constitutional legal system, democratic election, and domestic jurisdiction, while the notion of external sovereignty will contain the ideas of external independence, international personality, and sovereign rights and extraterritorial jurisdiction. "Democratic sovereignty" means not only that sovereignty should reside within the people, but it also recognizes the legitimacy of democratic governance. Democratic sovereignty denotes both the substantive and procedural legitimacy of democracy in the internal political structure of a state. Furthermore, many international legal scholars argue that international community is moving to accept the legitimacy of democratic governance in every state as a global normative entitlement. Therefore, the idea to democratic sovereignty also represents the better concept for the post cold war paradigm the global resurgence of democracy.
SDGs
Type
journal article