A legal sovereign is a person or body of persons in a state which is the supreme law-making authority disobedience to law result in punishment.
The characteristics are :
- The legal sovereign is always definite and determinate.
- It may be in the hands of a single individual or body of individuals.
- It is legal expression of the will of the state.
- Legal sovereign grants the rights.
- Political sovereignty: It is the power behind the legal sovereignty.
The legal sovereign simply makes laws: The wishes of political sovereign who can’t express the will of the state. It is not so easy to define political sovereign. It is unorganized and unknown to law. Political sovereign and legal sovereign concide in direct democracy.
Dejure and Defacts Sovereignty.
Dejure: Sovereignty means sovereignty by law. In Other words, dejure is the lawful and legitimate sovereign. It is legally constituted and has the basis and authority of law. It has legal right to govern.
Defacto: Sovereignty is which has no legal basis because it is not recognized by law but exists on fact. Defacto comes to power usually by force. If it manages to stick to power and show that he can rule he becomes dejure sovereign.
Titular Sovereignty and Real Sovereignty: Titular has the power but he won’t use it but somebody else will use. For eg: King or Queen of England and the President of India. The council of ministers is the real soveregin and occupy a highly dignified and privileged position in the state. In a presidential system, there is no difference because the president himself exercises his powers and functions.
