|
Popular sovereignty or the sovereignty of the people is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power. It is closely associated with social contract philosophers such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Popular sovereignty expresses a concept and does not necessarily reflect or describe a political reality.〔Leonard Levy notes the "doctrine" of popular sovereignty that it "relates primarily not to the Constitution's () operation but to its source of authority and supremacy, ratification, amendment, and possible abolition" (Tarcov 1986, v. 3, p. 1426, 1426).〕 It is usually contrasted with the concept of parliamentary sovereignty, and with individual sovereignty. The people have the final say in government decisions. Benjamin Franklin expressed the concept when he wrote, "In free governments, the rulers are the servants and the people their superiors and sovereigns". Americans founded their Revolution and government on popular sovereignty, but the term was also used in the 1850s to describe a highly controversial approach to slavery in the territories as propounded by senator Stephen A. Douglas. It meant that local residents of a territory would be the ones to decide if slavery would be permitted, and it led to bloody warfare in Bleeding Kansas as violent proponents and enemies of slavery flooded Kansas territory in order to decide the elections. An earlier development of popular sovereignty arose from philosopher Francisco Suarez and became the basis for Latin American independence. Popular sovereignty also can be described as the voice of the people. In Scandinavia, popular sovereignty serves as the basis for many countries' constitution as opposed to the principle of "separation of powers".〔http://www.riksdagen.se/en/Documents-and-laws/Laws/The-Constitution/〕 ==Origins== Popular sovereignty in its modern sense, is an idea that dates to the social contracts school (mid-17th to mid-18th centuries), represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778), author of ''The Social Contract'', a prominent political work that clearly highlighted the ideals of "general will" and further matured the idea of popular sovereignty. The central tenet is that legitimacy of rule or of law is based on the consent of the governed. Popular sovereignty is thus a basic tenet of most Republics. Hobbes, Locke and Rousseau were the most influential thinkers of this school, all postulating that individuals choose to enter into a social contract with one another, thus voluntarily giving up some of their natural freedom in return for protection from dangers derived from the freedom of others. Whether men were seen as naturally more prone to violence and rapine (Hobbes) or cooperation and kindness (Rousseau), the idea that a legitimate social order emerges only when the liberties and duties are equal among citizens binds the social contract thinkers to the concept of popular sovereignty. A parallel development of a theory of popular sovereignty can be found among the School of Salamanca (see e.g. Francisco de Vitoria (1483–1546) or Francisco Suarez (1548–1617)), who (like the theorists of the divine right of kings and Locke) saw sovereignty as emanating originally from God, but (unlike divine right theorists and in agreement with Locke) passing from God to all people equally, not only to monarchs. Republics and popular monarchies are theoretically based on popular sovereignty. However, a legalistic notion of popular sovereignty does not necessarily imply an effective, functioning democracy: a party or even an individual dictator may claim to represent the will of the people, and rule in its name, pretending to detain ''auctoritas''. That would be congruent with Hobbes's view on the subject, but not with most modern definitions that see democracy as a necessary condition of popular sovereignty. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Popular sovereignty」の詳細全文を読む スポンサード リンク
|