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“The relationship between Law and Sovereign authority is one of Inter dependency”. Discuss.
Introduction
First of all, law is not a thing of the modern world. It is there from the ancient past. Since then the contents and elements of all remains all most the same. Yes, there is some minor changes made here and there but the core contents and elements remains the same all through these years. Law is basically a system of rules and regulations formed to control the behavior of human beings and to make sure that they behave in a correct way so that the society and country becomes a better place to live in. There are quite a few elements and contents without which law cannot be fulfilled. First and the most important element of every law is sovereign authority. There cannot be any law without sovereign authority. Every law must have this element. If any law does not possess this quality, then that law actually cannot be termed as a law in a rightful way. Now, the question comes into the mind is that what actually is a sovereign authority and what is the relationship between sovereign authority and law. Well, the relationship is not complicated at all. In fact, it is as straight forward a relationship as anybody can possibly think of. Throughout this research paper,
What is law?
Law is generally something that is formed to keep our behavior in a check. In a more formal definition, law means a system of rules and guidelines which are enforced through social <href=”#_ftn1″ name=”_ftnref1″ title=””>[1]institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people. Now, law varies from countries to countries and across regions. One thing that more or less common in every law is that every citizen of that particular country must follow this. Otherwise, there are punishments for them for not following that law. The punishment varies. It depends on the severity of the crime. Let’s say, one made a very minor crime like has stolen money from anyone. And another person has murdered a person. Now, the punishment for both of them cannot be equal. They will deserve different punishments based on the country’s law. First person will face less punishment and the second person will face much more punishment. This is how laws work. Now, at the time of giving their verdict, judges must follow the laws of their respective countries. But they should not only rely written laws. They have to apply some sort of common sense while giving verdict. For example, let’s say that there are two different cases. But the main offenders have caused similar crimes. In the first case, a man has committed murder. The situation was he envied somebody and he murdered that person out of jealousy. And in the second case, a man has committed murder out of self- defense. Now, though they have made the same crime but still the judge cannot give them the same punishment. The judge should apply some sort of common sense here. He needs to first look at these two cases carefully, read the situation calmly. He needs to understand that the two cases are completely opposite of each other. In case one, the offender commits the murder in his full consciousness. He commits that murder out of envy, out of jealousy. And in the second case, the offender commits the murder to protect himself. He committed the murder under the act of self-defense. So, the judge should follow the traditional laws while punishing the first offender but the judge needs to apply common sense. He should release the second offender and should punish the first offender as hardly as possible. So, with these examples, I was trying to establish the fact that common sense is also a great component of law. Everyone should remember that. Now, I will try to compare laws of different countries and regions with each other and will try to figure out how they work. Of course, bearing in my mind that I need to figure out that what is the chemistry between laws and sovereign authority.
Laws of different regions and countries
Laws of India
Laws of India are somewhat quite strict. But the applications of those laws are highly questionable. They are one of the big countries accused of corruptions. Corruption is like regular routine there. Though there are sovereign authorities there but there is no one actually to oversee their works. For example, if a man commits a crime like murder there in full day light and he has a good network among politicians or have huge amount of money, then there is nothing to worry about that person. He can easily get rid of those barriers of laws easily, and if a person who is just a thief and steals only fey money. And if he does not have any connection or have money, then life will become hell for that guy. So, there are laws in India, but their implementation is very poor. Or we can safely say that there is no implementation at all. Now we should pay our focus on some other countries.<href=”#_ftn2″ name=”_ftnref2″ title=””>[2]
Laws Pakistan
The situation of Pakistan is even more dreadful and scary. There absolutely no law at all in this country. Laws are there only for show off. But there is no implementation of it. I doubt if there is any sovereign authority or not. In this country, all are army regulated. And crimes like bombings, killing are like part of general Pakistanis. So, we can clearly see that there is no law at all in Pakistan and general people of that country lives their life in fear of losing their life at each and every moment. Now, we will shift our focus on other parts of the world.
Laws in England
It is need of mention that there are no written laws in England. All of their laws are inspired by their tradition. And the people of that country are so well behaved and well-mannered that I doubt if they actually require any law or not. The people of England know their values and act according to that. They obey their laws all through their life. Sovereign authorities in their laws are visible. Their judges apply both traditional laws and common sense while giving their verdicts. They do not shy away punishing the offenders too. Their laws are also perfectly distributed.
Laws in America
America is a prime example of a country where all the laws are formalized in a written way. Their laws are so finely written that even a general public of that country knows about almost all <href=”#_ftn3″ name=”_ftnref3″ title=””>[3]the laws of that country. Their citizens also obey their laws in a true sense. And the sovereign authority is almost everywhere present in their laws. Offenders are there but in only a small number. They also think twice before committing and mischiefs. Because if they are caught, then they have to face some severe punishment and they know it pretty well.
Laws in Arabian Countries
Laws in the countries of Arabian region are the prime examples of laws which are based on the religion. Arabian countries follow Islamic laws. All their laws are based on their religion. Though the punishment is quite harsh, the crime rate is very much under checked in those countries. For example, there is a rule of cutting down the hands if anyone found guilty of stealing. This seems quite devastating but this strict law has proved quite advantageous for them. The crime rate is very low in these countries because of those strict laws. Poverty is also very low in those countries because of their laws. There the rich people have to give some portion of their money to the poor peoples of the country. In this way, poverty is slowly but surely diminishing from those countries. Though the laws are strict in those countries but there is also sovereign authority present in the laws of those countries.
Laws in Switzerland
This is actually a very unique country. The most well behaved people in my estimation lives here. Laws of this country are very mild. They are as well behaved as anyone could possibly think of. They do not even foul mouth each other, left alone the matter of harming anyone. Highest punishment of their country is that they have to live away from the society for just one year. We can only think of that in our dreams in context of our country. Now, we will focus our discussion towards what is actually sovereign authority is Sovereign authority in bookish terms
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided. In theoretical terms, the idea of “sovereignty”, historically, from Socrates to Thomas Hobbes, has always necessitated a moral imperative on the entity exercising it.
For centuries past, the idea that a state could be sovereign was always connected to its ability to guarantee the best interests of its own citizens. Thus, if a state could not act in the best interests of its own citizens, it could not be thought of as a “sovereign” state.
The concept of sovereignty has been discussed throughout history, from the time of the Romans through to the present day. It has changed in its definition, concept, and application throughout, especially during the Age of Enlightenment. The current notion of state sovereignty is often traced back to the Peace of Westphalia (1648), which, in relation to states, codified the basic principles:<href=”#_ftn4″ name=”_ftnref4″ title=””>[4]
Ø Territorial integrity
Ø Border inviolability
Ø Supremacy of the state (rather than the Church or any other religious places)
Ø A sovereign is the supreme lawmaking authority within its jurisdiction.
Sovereign authority in general words and in context of our country
By sovereign authority, we simply know that there is a upper area from which all the laws are formed and regulated. They looks after these laws, forms laws, formulates them, makes some necessary changes if possible, up to date them if necessary, makes sure that it is actually helping the general people or not, they also keeps an eye on whether this is eligible and worthy enough to punish the wrong doers or not. The people of our country generally believe that the current or running Government of the country is in fact the sovereign authority. There is no one in the highest level of authority except the Government itself. The scenario of our country has folded in a manner that the general masses of our country are forced to believe that the government itself is the sovereign authority of our country. The Government makes necessary changes whenever possible if that suits their agenda. Though this thing is highly prohibited in the constitution that no political party can change the constitution if that change helps their and only their agenda. But unfortunately the situation is just like that in our country. Every political party who comes into the power misbehaves with the laws of the country. But as a sovereign authority, they should not practice these malpractices. But unfortunately it is happening in our country. All the Government parties of our country are somewhat similar to one another on this aspect. Who one changes the law keeping mined the general masses of this country, but they changes laws to keep their interest alive, to keep their current corruption. For these reasons, our country has done a hat-trick in a very unique way. Our country became number one corrupt country in three successive times. Which is still a world record and we are proud holder of that world record.
Things need to be done to change the current situation of our country regarding the frequent changes made in law by the ruling party
We need to take these mentioned steps to avoid any unwanted situation regarding our country-
(1) Our general masses should be more and more aware of the current situation of the country and take current action if they see anyone changing the laws of the country for their purpose only.
(2) General masses should be aware of the situation of the outer world too to compare their situation with the situation of our country.
(3) General masses should educate themselves to better understand the political situation of the country.
(4) They need to be involved in every aspect of the country.
(5) They need to be aware of the current political scenario of the country.<href=”#_ftn5″ name=”_ftnref5″ title=””>[5]
(6) They need to better understand the socio-economic condition of the country.
(7) They need to raise their voice against any sort of corruption.
(8) They themselves need to obey the law the country.
(9) They need to shoe respect to the country.
If and only if we can strictly follow those above mentioned points then only we will be able to solve the ongoing crisis regarding this.
Relationship between law and sovereign authority
From the research paper so far, I have found that the relationship between law and sovereign authority is as clear as it gets. And the relationship is also very parallel to each other. No other can stand perfectly with absence of the other. Law without a sovereign authority is not actually a law at all. And we will not find any country in this world that has a law without a sovereign authority. Even in the most extreme countries like Pakistan and Afghanistan there is a sovereign authority associated with the law. But it is a different question all together that whether they apply that in their regular lives and laws or not. Though the situation of our country is not all desperate like that but still our country is going through those kinds of scenarios, where there is both law and sovereign authority is present but there is no relationship between that two or any implementation of those two. Every Government just comes and goes but the situation of the country does not change at all. They all just busy looking to their own benefits. No one cares about the people of this country. The most sad part is that even if anyone tries to raise their voices against those, then their voices are silenced for good. Now, as far the question of whether sovereign authority is actually needed for the law or is it important element for a law goes, then it is obvious that these two are inseparable. No one can individually stand tall without the support or existence of other. Their relationship is that much important and straight forward. If anyone talks about that law or sovereign authority has no connection with each other, then we have to assume that the person is not in a suitable state mentally to talk about this topic. Because, it is as clear as water that law and sovereign authority is very important to each other. If there is no law, then there cannot be any sovereign authority. And if there is no sovereign authority, then there is no law at all. The implementation of these two is a whole story altogether but we cannot deny the importance of these two in the existence of each other. But the sovereign authorities of our country are just ignoring this fact. They are changing and folding each suiting to their interests. That is why corruption going high in our country. We are becoming a laughing matter in front of the entire world. But our Governments are just ignoring these facts that our country is declining solely because of their stupidity. They are only busy seeing their own interests. They just do not care about the general masses of our country. They only showed up to them when there is any election forward. They give them false promises to safeguard their own interests. But this thing is totally wrong. Government should be strict to avoid these kinds of situations. <href=”#_ftn6″ name=”_ftnref6″ title=””>[6]
References
(1) Bexter, Craig, Government and Politics in South Asia. 2nd edition. P-248
(2) Khan, A. “Two years of chief minister ship”, (in Bengali) n.d.
(3) Kamran, N. n.d. “Legislation by Ordinance”
(4) Chowdhury, M. :Governments and politics in Pakistan”
(5) Ahmed, E. (1992) “State Law”
(6) Khan, M. “Friends not Masters”
(7) Chowdhury, N.(1997) “The Legislative law in Bangladesh: Politics and functioning of then East Bengal Legislature 1947-58
(8) Halim, “Constitution, Constitutional law and politics : Bangladesh perspective.” Pp. 176-178
<href=”#_ftnref1″ name=”_ftn1″ title=””>[1] Bexter, Craig, Government and Politics in South Asia. 2nd edition. P-248
<href=”#_ftnref2″ name=”_ftn2″ title=””>[2] Khan, M. “Friends not Masters”
<href=”#_ftnref3″ name=”_ftn3″ title=””>[3] Ahmed, E. (1992) “State Law
<href=”#_ftnref4″ name=”_ftn4″ title=””>[4] Kamran, N. n.d. “Legislation by Ordinance”
<href=”#_ftnref5″ name=”_ftn5″ title=””>[5] Chowdhury, M. :Governments and politics in Pakistan
<href=”#_ftnref6″ name=”_ftn6″ title=””>[6] Chowdhury, N.(1997) “The Legislative law in Bangladesh: Politics and functioning of then East Bengal Legislature 1947-58