Question

Difficulty: MediumSovereignty: Concept, Types, Characteristics, and Limitations

In a constitutional democracy, the ultimate legal authority to enact and amend statutes resides in the parliament, whereas the citizens express their supreme political will during periodic elections. Which statement accurately distinguishes between the legal sovereign and the political sovereign in such a state?

  1. The parliament is the legal sovereign because it holds formal legislative authority, while the electorate is the political sovereign whose will ultimately shapes state governance.Answer
  2. B
    The electorate constitutes the legal sovereign because citizen voting directly repeals constitutional enactments without legislative action.
  3. C
    The parliament exercises pure physical power, while the electorate possesses political authority based solely on military force.
  4. D
    The local electoral constituencies each maintain supreme legal sovereignty over national laws, operating as independent confederal units.

Answer

The parliament is the legal sovereign because it holds formal legislative authority, while the electorate is the political sovereign whose will ultimately shapes state governance.
In political science, legal sovereignty belongs to the organ or body legally empowered to issue supreme binding commands and enact legislation (the parliament), whereas political sovereignty belongs to the body (the electorate) whose political support and votes sustain the legal sovereign.

Step-by-Step Solution

1
Identify the body possessing supreme formal law-making authority in the constitutional state.
The parliament holds legal sovereignty as the body recognized by law to enact, amend, and repeal statutes.
Legal sovereignty is defined by legal mandate and constitutional law-making power.
2
Identify the body whose political mandate drives the legal sovereign.
The electorate holds political sovereignty as their votes ultimately determine the composition and mandate of the government.
Political sovereignty represents the ultimate source of democratic authority behind the legal sovereign.

Key Concept

Distinction between Legal Sovereignty and Political Sovereignty
Estimated Time:1m 0s
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