Question

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

When an unconstitutional military regime seizes power by force, suspends the existing constitution, and enforces compliance through executive decrees, which type of sovereignty is it exercising in contrast to the ousted constitutional government?

  1. De facto sovereignty, because it maintains effective physical control and obedience without constitutional legitimacy.Answer
  2. B
    Political sovereignty, because coercive military rule embodies the ultimate electoral mandate of the populace.
  3. C
    De jure sovereignty, because the enactment of military decrees automatically creates new constitutional authority.
  4. D
    External sovereignty, because domestic political authority is transferred entirely to sub-national regional units.

Answer

De facto sovereignty, because it maintains effective physical control and obedience without constitutional legitimacy.
De facto sovereignty describes a scenario where an authority exercises supreme practical control over a territory and its inhabitants, regardless of whether it possesses legal or constitutional title. When a military regime forcibly replaces a constitutional government, it holds de facto sovereignty through actual enforcement power.

Step-by-Step Solution

1
Examine the legal status and operational power of the military regime described in the stem.
The regime relies on force, has suspended the constitution, and rules by decree rather than established legal authority.
Differentiating legal right from actual physical control is necessary to classify the form of sovereignty.
2
Compare de jure and de facto sovereignty concepts.
De jure sovereignty relies on constitutional legitimacy and legal right, whereas de facto sovereignty rests on actual power and effective control regardless of legal title.
An unconstitutionally established junta holding effective power exemplifies de facto sovereignty.

Key Concept

Distinction between De Facto and De Jure Sovereignty
Estimated Time:1m 30s
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