11.4.1 The distinction between legal sovereignty and political sovereignty.

Legal Sovereignty

1. Characteristics:

• Absolute Authority: Legal sovereignty is theoretically unlimited. In the UK, this means Parliament can legislate on any matter, without legal constraints.
• Location in the UK: The UK Parliament holds legal sovereignty, which includes the House of Commons, the House of Lords, and the Monarch in their law-making capacity.
• Judicial Role: Courts uphold and apply the laws passed by Parliament. They do not have the power to strike down legislation on the grounds of constitutionality, unlike in countries with a codified constitution.

2. Examples:

Political Sovereignty

3. Characteristics:

• Influence of Public and Political Forces: Political sovereignty considers factors like public opinion, the media, political parties, and pressure groups, which can influence or limit the actions of legally sovereign bodies.
• Flexible and Contextual: Unlike legal sovereignty, political sovereignty can shift based on the political context, such as the strength of the government, public support, or international pressures.
• Real-World Power Dynamics: Political sovereignty is about who truly holds power in practice, which may not always align with who holds legal authority.

4. Examples:

Key Distinctions

• Stability vs. Flexibility: Legal sovereignty is a stable and fixed concept rooted in law, whereas political sovereignty is fluid and can change with shifting political circumstances.
• UK Context: In the UK, legal sovereignty resides with Parliament, but political sovereignty can be seen in the influence of the electorate, the government of the day, and external factors like international relations.

Summary

The distinction between legal and political sovereignty lies in the difference between formal, legally recognized authority (legal sovereignty) and the practical, real-world power to influence decisions and governance (political sovereignty). In the UK, Parliament holds legal sovereignty, but political sovereignty can vary depending on public opinion, political dynamics, and other practical factors.