Sovereignty
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derived ...
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Westphalian Sovereignty
Westphalian sovereignty, or state sovereignty, is a principle in international law that each state has exclusive sovereignty over its territory. The principle underlies the modern international system of sovereign states and is enshrined in the United Nations Charter, which states that "nothing ... shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state." According to the idea, every state, no matter how large or small, has an equal right to sovereignty. Political scientists have traced the concept to the Peace of Westphalia (1648), which ended the Thirty Years' War (1618–1648) and Eighty Years' War (1568–1648). The principle of non-interference was further developed in the 18th century. The Westphalian system reached its peak in the 19th and 20th centuries, but it has faced recent challenges from advocates of humanitarian intervention. Principles and criticism A series of treaties make up the Peace of ...
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Jean Bodin
Jean Bodin (; c. 1530 – 1596) was a French jurist and political philosopher, member of the Parlement of Paris and professor of law in Toulouse. He is known for his theory of sovereignty. He was also an influential writer on demonology. Bodin lived during the aftermath of the Protestant Reformation and wrote against the background of religious conflict in France. He seemed to be a nominal Catholic throughout his life but was critical of papal authority over governments and there was evidence he may have converted to Protestantism during his time in Geneva. He favoured the strong central control of a national monarchy as an antidote to factional strife. Towards the end of his life he wrote a dialogue among different religions, including representatives of Judaism, Islam and natural theology in which all agreed to coexist in concord, but was not published. Life Bodin was successively a friar, academic, professional lawyer, and political adviser. An excursion as a politician having ...
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Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ...
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State (politics)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “province”, “r ...
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State (polity)
A state is a centralized political organization that imposes and enforces rules over a population within a territory. There is no undisputed definition of a state. One widely used definition comes from the German sociologist Max Weber: a "state" is a polity that maintains a monopoly on the legitimate use of violence, although other definitions are not uncommon.Cudworth et al., 2007: p. 95Salmon, 2008p. 54 Absence of a state does not preclude the existence of a society, such as stateless societies like the Haudenosaunee Confederacy that "do not have either purely or even primarily political institutions or roles". The level of governance of a state, government being considered to form the fundamental apparatus of contemporary states, is used to determine whether it has failed. In a federal union, the term "state" is sometimes used to refer to the federated polities that make up the federation. (Other terms that are used in such federal systems may include “province”, ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Nation State
A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may include a diaspora or refugees who live outside the nation state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation state is simply a large, politically sovereign country or administrative territory. A nation state may be contrasted with: * A multinational state, where no one ethnic group dominates (such a state may also be considered a multicultural state depending on the degree of cultural assimilation of various groups). * A city-state, which is both smaller than a "nation" in the sense of "large sovereign country" and which may or may not be dominated by all or part of a single "nation" in the sense of a common ethnicity. * An empire, which is composed of many countries (po ...
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Positive Law
Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its orig ...
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Authority
In the fields of sociology and political science, authority is the legitimate power of a person or group over other people. In a civil state, ''authority'' is practiced in ways such a judicial branch or an executive branch of government.''The New Fontana Dictionary of Modern Thought'' Third Edition, Allan Bullock and Stephen Trombley, Eds. p. 115. In the exercise of governance, the terms ''authority'' and ''power'' are inaccurate synonyms. The term ''authority'' identifies the political legitimacy, which grants and justifies the ruler's right to exercise the power of government; and the term ''power'' identifies the ability to accomplish an authorized goal, either by compliance or by obedience; hence, ''authority'' is the ''power'' to make decisions and the legitimacy to make such legal decisions and order their execution. History Ancient history, Ancient understandings of authority trace back to Ancient Rome, Rome and draw later from Catholic (Thomism, Thomistic) thought and ...
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De Facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by law"), which refers to things that happen according to official law, regardless of whether the practice exists in reality. History In jurisprudence, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in ...
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Polity
A polity is an identifiable Politics, political entity – a group of people with a collective identity, who are organized by some form of Institutionalisation, institutionalized social relation, social relations, and have a capacity to mobilize resources. A polity can be any other group of people organized for governance (such as a corporate board), the government of a country, or of a country subdivision. A polity may be a republic administered by an elected representative, or the realm of a hereditary monarch. Overview In geopolitics, a polity can be manifested in different forms such as a State (polity), state, an empire, an international organization, a political organization and other identifiable, resource-manipulating organizational structures. A polity like a state does not need to be a Sovereignty, sovereign unit. The most preeminent polities today are Westphalian sovereignty, Westphalian states and nation-states, commonly referred to as countries and also incorrectl ...
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Absolute Monarchy
Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitution may exist in some countries. These are often hereditary monarchies. On the other hand, in constitutional monarchies, in which the authority of the head of state is also bound or restricted by the constitution, a legislature, or unwritten customs, the king or queen is not the only one to decide, and their entourage also exercises power, mainly the prime minister. Absolute monarchy in Europe declined substantially following the French Revolution and World War I, both of which led to the popularization of theories of government based on the notion of popular sovereignty. Absolute monarchies include Brunei, Eswatini, Oman, Saudi Arabia, Vatican City, and the individual emirates composing the United Arab Emirates, which itself is a fe ...
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