Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any particular political implementation. Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns".
In Defensor pacis, Marsilius of Padua advocated for a form of republicanism that views the people as the only legitimate source of political authority. Sovereignty lies with the people, and the people should elect, correct, and, if necessary, depose its political leaders.
Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled The Social Contract, a prominent political work that highlighted the idea of the "general will". The central tenet of popular sovereignty is that the legitimacy of a government's authority and of its laws is based on the consent of the governed. Hobbes, Locke, and Rousseau all held that individuals enter into a social contract, voluntarily giving up some of their natural freedom, so as to secure protection from the dangers inherent in the freedom of others. Whether men are seen as naturally more prone to violence and rapine (Hobbes) or to cooperation and kindness (Rousseau), the idea that a legitimate social order emerges only when liberties and duties are equal among citizens binds the social contract thinkers to the concept of popular sovereignty.
An earlier development of the theory of popular sovereignty is found among the School of Salamanca (see e.g. Francisco de Vitoria (1483–1546) or Francisco Suarez (1548–1617)). Like the theorists of the divine right of kings and Locke, the Salamancans saw sovereignty as emanating originally from God.
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In political science, legitimacy is the right and acceptance of an authority, usually a governing law or a regime. Whereas authority denotes a specific position in an established government, the term legitimacy denotes a system of government—wherein government denotes "sphere of influence". An authority viewed as legitimate often has the right and justification to exercise power. Political legitimacy is considered a basic condition for governing, without which a government will suffer legislative deadlock(s) and collapse.
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions.
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government".
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