The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

2.3.2.1.3 Popular Sovereignty and National Sovereignty

Popular sovereignty was defended by "radical" revolutionaries, including by some prominent philosophers of the enlightenment with first place J.J. Rousseau in his book «Social contract» Every citizen has a share of sovereignty and this translates traditionally a direct democracy scheme, with universal suffrage, since no one may be deprived of part of the sovereignty which is conferred on every citizen.^49(*)

Popular sovereignty is based on the people, i.e. the set of current citizens of a country (so it's a real set, taking into account the living, unlike national sovereignty). It cannot express directly, it is physically impossible. That is why the people will resort to representatives (politicians), who will get an imperative mandate: these elected officials will be required to do exactly what they were elected for: they will have to run what told them their voters, in fact, they have an obligation to act for the good of their constituents (and not for the common interest) as in the case of national sovereignty, and if they do not, they can then be removed, the will of the people being untouchable and inviolable.^50(*)

The people cannot make laws contrary to its interests, laws are necessarily fair: it is the principle of rule of law.

On other hand, national sovereignty is a concept developed by Sieyès. According to this view, sovereignty belongs to the nation, an abstract and indivisible entity. This set is fictional because it is not limited only to present citizens, but includes the citizens of the past and the future; It is greater than (individuals) are composing. National sovereignty translates a representative system, since the Nation can govern directly, being fictional: there are thus use proxies, holding a representative mandate, representatives. They work in the interest of the Nation and each represents the fully (and not their only voters). The Nation being fictitious, there may be control over them; to avoid that they abuse their power, it must implement the balances (separation of powers at the horizontal level (for functions), federalism in the vertical level (by levels of territories).^51(*)

National sovereignty is also in the sense of a census suffrage, even if it is not fundamentally opposed to universal suffrage. In fact, even by vote all the citizens of a country, only a tiny part of the Nation could vote. There can be limit of voters number, focusing on those considered to be the most capable (ability to read and write, understand political life, have the time and the necessary independence, wealth, etc).^52(*)

* ⁴⁹ J.J. Rousseau, Social Contract, Paris 1989, pp.34-37.

* ⁵⁰ Pogge T., op. cit., p.65.

* ⁵¹ Schmitt, C., Political Theology, Chicago: The University of Chicago Press, 1992, p.34.

* ⁵² James, A., `The Practice of Sovereign Statehood in Contemporary International Society,' Political Studies, 47(3): 1999, pp.457-473.