@Css-with-waqas

POLITICAL CONCEPT (ISLAMIC AND WESTERN)

 Political authority and power:
 Politics and power are interconnected to each other.
 When one talks about politics the first thing came into our minds is power.
 According to Hobbes theory of state of nature “power is an analytical tool
to describe the human relations at micro as well as macro level”
 What is the meaning of Power?
 The notion of power has multiple meanings. No settled and agreed
definition can ever be developed.

In natural science: Power is understood “force and

energy”

In social science: Power appears with diverse

interpretation like ability to achieve a desired
POWER outcome, and an exercise of control by one over
another.

In simple sense: Power is the capacity of the

person/group/institution to effect/change/modify the
behavior of other person/group/institute. In short, it is the
capacity to influence the behavior of others.

Hence,
Power is the capacity of one to impose its will over others irrespective of the
\
will of others. When the one succeeds in making other person do, which
otherwise that person want to do, then it is said that the will of first person is
imposed on the other and hence power is applied.
 Types of Power:
 The types of power depends upon the presence of potential resources.
 These potential resources includes; money, military, social status and
numerical strength.

4:
numerical
3:Social potential
status 5: economy

2:military
6:
religious

7: Quality
1: money Resources
of human
of power resources

 Let us discuss each resource one by one:

1) Money:
 Finance has been considered as most effective way of showing
power since decades.
 Plato also shed light on this topic
 In modern days, money excelled over other resources in the
capitalist system and thus is important source of power.
2) Military:
 In modern days strong military means powerful state.
 Machiavelli also advocated this in his theories.
 Destructive capacity of a nation/country determines the power of
that country.
3) Social status:
 Higher the social status, higher will be the power and influence of a
person, clan or group to another person.
  Higher social status is a social hierarchy are desired by persons or
group to enjoy the privilege of power holder.
4) Numerical potential:
 In a democratic country the number of followers or the members of
the particular groups determines the power of the party, leader or
organization.
 Elections won and the government run on the support of majority of
people.
5) Economic power:
 Economy plays major part in the gaining power for a person, country
or organization.
 How much a person, country or organization have an economy
decides how much powerful that country, person or organization is.
 For example, America is a super power because it has best economy
in the world. So, it has power to influence another country easily.
6) Religious:
 Religion also ensures the power of a country, state or person.
 Almost all the states in the world had been made at the name of
religion.
 There are hundreds of thousand religions in the world.
 Some of them are; Islam, Christianity, Buddhism and Hinduism etc.
7) Quality of human resources:
 Educated, committed and loyal human resources is considered as a
strength of great nations.
 Uneducated and corrupt human resources are liability to human
resources.
 Thus, quality to human resources adds to the strength of the nations
as well as community.

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 Authority

1-Meaning

4-Dejure and Defacto Authority 2-Characterstics

authority

3-Types

 Authority is closely associated with power: authority is formal or legal as

distinguished from personal power.
 Power + legitimacy = Authority
 For example; Police Commissioner has authority to issue order and get them
obeyed by virtue of authority he occupies.
I. Meaning of authority:
 In English, the word ‘Authority’ can be used to mean power given by the
state.
 According to Carl Fredrick, authority is the collection of reasons and
depends on the capacity of the reasoned elaborations.
 According to Mclver, the power to command obedience.
 According to Simon, power is to make decisions which guides the actions of
others while authority is the legitimate exercise of power.
 Origin of the word ‘Authority’: The word ‘Authority’ is derived from the
Latin word ‘austoritus’ meaning ‘invention, advice, opinion, influence or
command in English.
 In short, Authority means power given by the state in the form of
government, judges, police officers etc.
II. Characteristics of authority:

i-Legtimicy

ii-Dominance

iii-Accountability

i. Legitimacy:
 Legitimacy means the right of king or queen towards the
kingship because it is based on the legitimate birth or legitimate
child from legitimate birth.
 Usually defined simply as rightfulness, effectiveness and
acceptance of authority.
ii. Dominance:
 An individual or group which possess authority, exercise dominance over other.
iii. Accountability:
 In democracy, accountability is the prominent feature of authority due to which
a person in power is also answerable to higher authority.
III. Types of authority:
 According to Max weber, there are three types of authority:

i- Traditional authority

ii- Charismatic authority

iii- Legal authority

 Traditional Authority:
 Traditional authority based on ancient customs, traditions or
conventions.
 For example; Brunei Sultanate (the eldest will be the sultan), Britain,
Belgium, the Netherlands and Spain.
 Traditional authority is thus closely tied up with hereditary systems of
power and privilege.
 Charismatic Authority:
 Refers to people’s following a leader because they believe that he or she
has extraordinary personal qualities that command their obedience.
 For example, political leaders like Mussolini, Hitler and Mao Zedong.
 Legal-rational Authority:
 Hold any position according to the legal procedures.
 Thus legal-rational authority means legitimate rule with legal
constitutional framework.
IV. De jure and De facto authority:

De Facto De Jure
I) Factual Recognition is known Legal Recognition is known as De Jure
as De Facto
II) De Facto is temporary and De Jure which is a legal recognition is
provisional recognition which permanent and it cannot be withdrawn.
can be withdrawn.
III) State Succession rules do not Under De Jure, rules of state
apply in the De Facto. succession are applied.
IV) De Facto Government cannot Only a de jure government can recover
recover a state asset or public state assets or public debt.
debt
V) Membership to the United A state can get United Nations
Nations is not possible even membership if the majority of nations
if there is a de facto bestows de jure recognition.
recognition by the majority of
states.
VI) The State which receives De The State which receives De Jure
facto recognition will have 2 recognition has only 1 Government.
rival governments

De •Temporary
•Factual Recognition
Facto •No Un membership
Difference
between
De Jure
and De
Facto De •Permanent
•Legal recognition
Jure •UN membership
 Sovereignty:
 Sovereignty means supreme or highest authority or power within the
state.
 It is the soul of a state. It is an essence about the power to make laws and
the ability to rule effectively.
 Meaning of Sovereignty: The term Sovereignty has been derived
from the Latin word ‘Superanus’ which means supreme.
 It makes state independent and supreme.
 It is internal as well as external independence.
 It is free to make its own foreign policy decision without any external
pressure.
 Evolution of the concept of Sovereignty:
 Although the term ‘Sovereignty’ is modern, the idea goes back to Aristotle,
who spoke of the “supreme power” of the state.
 The Roman jurists and the civilians throughout the middle ages likewise had
the idea of sovereignty.
 The modern terms ‘Sovereign’ and ‘Sovereignty’ were first used by French
jurists in the fifteenth century.
 Definitions of Sovereignty:
 Definitions of Sovereignty by Jean Bodin:
“The supreme power of the state over citizens and subjects, unrestrained by law.”
 Definition of Sovereignty by Hugo Grotious:
“The supreme political power vested in him whose acts are not subject to any
other and whose will cannot overridden”
 Definition of Sovereignty by Jellinek:
“That characteristic of the state by virtue of which it cannot be legally bound
except by its own will, or limited by any other power than itself.”
 Definition of Sovereignty by Duguit:
“Commanding power of the state; it is the will of the nation organized in the
state; it is the right to give unconditional orders to all individuals in the
territory of the state”
  Definition of Sovereignty by Hugo Burgess:
“Characterizes it as “original, absolute, ultimate power over the individual
subject and all associations of objects. Again he calls it the “underived and
independent power to command and compel obedience.”
 Characteristics of Sovereignty:

v)
i)Absoluteness iii)Comprehensive
Exclusiveness
and universality
ii) Permanace vi)
iv) Inalienability
Indivisibility

i. Absoluteness:
 Sovereignty is absolute and unlimited.
 The sovereign is entitled to do whatever he likes.
 Sovereignty is subjected to only Allah, none of the individual owns
it.
ii. Permanence:
 Permanence is the chief characteristics of sovereignty.
 Sovereignty lasts as long as an independent state lasts.
 The death of the king, the overthrow of the government and the addiction
of power does not lead to the destruction of sovereignty.
 iii.Comprehensive and Universality:
 Sovereignty of the state is all comprehensive and universal.
 Sovereign power of a state extends over all its individual, citizens and all
groups.
iv. Inalienability:
 Inalienability is another characteristics of sovereignty.
 Sovereignty is inalienable.
 Inalienability means that the state cannot part with its sovereignty.
 In other words, sovereign does not remain the sovereign or the sovereign
state, if he or the state transfers his or its sovereignty to any other person or
any other state.
v. Exclusiveness:
 By exclusiveness we mean that there can be two sovereigns.
 Independent sovereign state
 If there are two sovereigns exists in one state, the unity of that state will be
destroyed.
vi. Indivisibility:
 Indivisibility is the life-blood of sovereignty.
 Sovereignty cannot be divided state.
 American statesman Calhoun has declared, “Sovereignty is an entire thing;
to divide it is to destroy it. It is the supreme power in a state and we might
just well divide it is to destroy it.”
 Classification of sovereignty:
 The term sovereignty has been used in different sense. This leads to the
various kinds of sovereignty.
 There are following four kinds of 1) Titular
and Actual
sovereignty.
 We may briefly discuss them
as under: 3) De
2) Legal
i. Titular and real and Types of facto
sovereign Political
sovereignty and De
jure
ii. Legal and Political
sovereign
iii. De facto and De jure sovereign 4) Popular
iv. Popular sovereign
 i. Titular and Actual sovereignty:
Titular sovereignty Actual sovereignty
 Titular sovereign is one who  In actual practice his powers are
enjoys all the legal powers in enjoyed by some other
theory. authority.
 In actual sovereignty, he or she
is a ceremonial head because all
the powers are exercised by
Cabinet and the Parliament.
 The best example of a titular  The Parliament of Great British
sovereign is afforded by the is thus the actual sovereign
king or queen of Great Britain. because it enjoys real and
effective authority.

ii. Legal and Political sovereignty:

Legal sovereignty Political sovereignty
 Legal sovereignty represents  The body which has the
the lawyer’s conceptions of power to issue final
sovereignty. commands in the form of
 It is associated with the laws in the legal sovereign in
supreme law-making a state.
authority in the state.  This power may be vested in
one person or a body of
persons.
 It may be a king or dictator
or parliament.

iii. De-facto and De-jure sovereignty:

De-facto sovereignty De-jure sovereignty
 De-facto sovereign is one  De-jure sovereign is one
who has no legal claim to who has a legal claim to
sovereignty but possesses it sovereignty but does not
in fact and exercises possess it in fact.
necessary force to make and
enforce its laws.
 iv. Popular sovereignty :
 Popular sovereignty or the sovereignty of the people’s rule is the
principle that the authority of a state and its government is created.
 In popular sovereignty, people are the source of all political power.

LAW-NATURE, SCOPE AND TYPES

 Introduction:
 Law is the most important feature of modern state.
 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.
 Law is an essential tool of government action, an instrument with which
government tries to influence society.
 Definition and the meaning of law:
 Different school of thoughts have different definition of law.
 According to John Austin: “command of the sovereign is called a law”
 The Oxford English dictionary defines: “law as a rule of conduct
imposed by an authority”
 John Salmond defines: “Law means the body of principles recognized
and applied by the state in the administration of justice.”
 Sources of law:
 Sources of law mean various factors that contribute the determine the
content of law. These factors or sources are as follows:
1. Customs
2. Religion
3. Judicial Decisions
4. Scientific Commentaries
5. Equity
6. Legislation
7. Ordinance
 Let us discuss them one by one;
 1) customs

7) Ordinance 2) Religion

Sources
of Law
3) Judicial
6) Legislation
Decision

5) Equity 4) Scientific
commentaries

1. Customs:
 Custom is a rule of conduct which the governed observe spontaneous
and not in pursuance of law settled by a political superior.
 Customs are earliest form of regulation of human society.
 Customs is not law unless it is recognized by state.
2. Religion:
 In the primitive society customs had religious sanction.
 Every aspect of life was regulated by religion.
  Religious law includes ethical and moral codes taught by religious
traditions.
 Different religious systems hold sacred law in a greater or lesser degree
of importance to their belief systems, with some being explicitly
antinomian whereas others are monistic or "legalistic" in nature.
3. Judicial Decisions:
 The primary function of the judges is to interpret and apply law
 In some countries, judicial decisions are authoritative and develop into
a source of law known as “case law”.
 Case law may extend the application of legislation and is deemed to
form part of the law.
4. Scientific Commentaries:
 The works of eminent jurists always include scientific commentaries on
the Constitution and the laws of each state.
 These are used by the courts for determining the meaning of law. It helps
the courts to interpret and apply laws.
5. Equity:
 Equity is a particular body of law that was developed in the
English Court of Chancery
 Its general purpose is to provide a remedy for situations where the law
is not flexible enough for the usual court system to deliver a fair
resolution to a case.
6. Legislation:
 Legislation is the law making body of the government.
 Law making is the primary responsibility of the legislature, e.g. Pakistan’s
parliament works as a law making body.
7. Ordinance:
 To meet an emergency, the government issue ordinance.
 It is issued when legislature is not in session.
 Very often, the legislature converts an ordinance into a law.

 Types of Law:
 There are following eight types of law.
a. National law
b. International law
c. Constitutional law
d. Ordinary law
 e. Private law
f. Public law
g. Administrative law
h. General law
 Let us discuss them one by one:
a. International law:
 It regulates the relations between the states.
 It lays down the rules of behavior of one state with another.
 International Law includes the basic, classic concepts of law in national
legal systems (i.e. statutes, property law, tort law, etc.).
 It also includes substantive law, procedural law, due process,
and remedies.
b. National law:
 It is created by state.
 National law means the law of the State in which the person entitled
asserts his rights, including the rules relating to conflict of laws.
 In Pakistan and USA the national law is written but in England it is
unwritten.
c. Constitutional law:
 Constitutional law, the body of rules, doctrines, and practices that govern
the operation of political communities.
 Constitutional is the further classification of National law.
 A constitution and constitutional law is very important for the stability of
a state.
 Almost all of the state in the world are ruling upon a constitutional law.
d. Ordinary Law:
 An ordinary law is a normal law, generally distinguished from a
constitutional law, organic law, or other similar law.
 Ordinary laws are subordinate to constitutional and organic laws, and
are more easily changed than constitutional or organic laws, though that
should not be assumed to be the case in all jurisdictions.
e. Private law:
 Private law applies to any circumstances relating to relationships between
individuals in a legal system.
 Therefore, this type of law governs the relationship between individuals
and governments. This is also referred to as common law.
 f. Public law:
 The type of law governing the conduct of public bodies is known as
'public law'.
 Public law should ensure that public bodies act lawfully, rationally,
fairly, and compatibly with the human rights of those affected by their
actions.
g. Administrative law:
 Administrative law is the division of law that administers the activities
and functions of authorities of the government, either Federal, State or
Provincial.
 The legal framework within which public administration is carried out.
 There is no universally accepted definition of administrative law

h. General law:
 It deals with the relationship between the private citizens and the state.
 These laws are classified on the basis of their source or the manner in
which they prepared.
 All of the above mentioned law are under the general law.

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Liberty/Freedom
 Meaning of liberty:
 The word liberty is derived from the Latin word ‘Liber’ which means
“free”
 In modern politics, liberty is understood as the state of being free within
society from control or oppressive restrictions imposed by authority on
one's way of life, behavior, or political views.
 Two aspects of liberty:
 In negative sense, it merely means absence of Aspects
of
restraint. liberty

 In positive sense, it refers to the positive

Opportunity of the self-development. 1) in 2) in
negativ positive
e sense sense
 Types of liberty:

1)
Natural

6) 2)
Economic Personal

5) 3)
Political National

4) Civil

1. Natural Liberty:
 First or all, we have the concept of natural liberty which indicates
unrestrained freedom to do whatever one likes.
 Professor R.N. Gilchrist calls it unscientific use of liberty.
 He defines natural liberty thus;
“Everyone has a vague notion of liberty of some kind and a desire for it,
but among ten people using the word, perhaps no two will be able to say
exactly what they mean, or if they do so say it, will agree with each other
in their definitions. This general unscientific use of the word we may call
Natural Liberty”.
2. Personal liberty:
 Personal liberty means the availability of those conditions in which the
individual can act as the please without being under any type of arbitrary
and illegitimate restraint.
 In the opinion of F.A. Hayek, liberty is a
“Condition of men in which coercion of some by others is reduced as
much as possible in society….The state in which a man is not subject to
 coercion by the arbitrary will of another or other is often also
distinguished an individual or personal freedom”.
3. National liberty:
 National liberty means the liberty of the nation or the country.
 National liberty exists where the nation or the community is independent
and sovereign.
 As a matter of fact national liberty is another name for national
sovereignty.
4. Civil liberty:
 Civil Liberty means the Rule of Law.
 “Civil Liberty”, according to Barker,
“consists in three differently expressed articles; physical freedom from
injury or threat to the life, health and movement of the body; intellectual
freedom for the expression of thought and belief, and practical freedom
for the play of will and the exercise of choice in the general field of
contractual action and relations with other persons”.
5. Political liberty:
 Political liberty means the liberty of citizens to participate in the political
life and affairs of the state.
 By Political Liberty Laski means the freedom of the individual to
participate in the affairs of the state.
 He says,
“I can let my mind play freely about the substance of public business. I
must be able without let or hindrance to add my special experience to the
general barriers in the way of access to position of authority. I must be
able to announce my opinion and to concert with others in the
announcement of opinion”.
6. Economic liberty:
 Economic Liberty means the liberty to earn one’s daily bread.
 In simple words, we can say that every individual, regardless of the
distinction of caste, color and creed, should have liberty to earn his daily
bread by fair means.

**********
 RIGHTS- TYPES AND MEANINGS OF RIGHTS
 Introduction to rights:
 All living beings, e.g. trees, animals, birds and human beings are entitled to
live a natural life and possess the right to life.
 In that sense it is clear that concept of rights belongs not only human being
but also all living creature.
 As citizens we have to know about our rights and laws to protect them.
 Meaning and definition of right:
 In simple words, rights are the common claims of people which every
civilized society recognizes as essential claims for their development, and
which are therefore enforced by the state.
 “Rights are those conditions of social life without which no man can seek in
general, to be himself at his best.” –Laski
 “Rights are powers necessary for the fulfillment of man’s vocation as a
moral being.” -T. H. Green
 Types of rights:
 UN documents refers to two categories of types of rights
1. Civil and political rights
2. Economic and cultural rights

According to
1) Civil and 2) Economic
UN
Political and cultural
DOCUMENTS

1. Civil and Political rights:

 Civil rights:
 Civil rights are those rights which provide opportunity to each person to lead
a civilized social life.
  These fulfill basic needs of human life in society.
 Right to life, liberty and equality are civil rights.
 Civil rights are protected by the state.
 Political rights:
 Political rights are those rights by virtue of which citizens get a share in the
political process.
 These enable them to take an active part in the political process.
 These rights include right to vote, right to get elected, right to hold public
office and right to criticize and oppose the government.
 Political rights are really available to the people in a democratic state.
2. Economic and Cultural rights:
 Economic rights:
 Economic rights are those rights which provide economic security to the
people.
 These enable all citizens to make proper use of their civil and political
rights.
 The basic needs of every person are related to his food, clothing, shelter,
medical treatment etc. Without the fulfillment of these no person can really
enjoy his civil and political rights.
 Cultural rights:
 Cultural rights protect the rights for each person, individually and in
community with others.
 As well as groups of people, to develop and express their humanity, their
world view and the meanings they give to their existence and their
development through, inter alia, values, beliefs, convictions, languages,
knowledge and the arts, institutions and ways of life.
 Significance of rights:
A. Rights exist only in society. These are the products of social living.
B. Rights are claims of the individuals for their development in society.
C. Rights are recognized by the society as common claims of all the people.
D. Rights are rational and moral claims that the people make on their
society.
E. Since rights in here only in society, these cannot be exercised against
the society.
F. Rights are to be exercised by the people for their development which
really means their development in society by the promotion of social
good.
G. Rights are equally available to all the people.

Products of social promotion of equally available

living social good. to all the people.

cannot be
development in
exercised against
society
the society.

society as people make on

common claims their society.

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 Equality
 Introduction:
 The American declaration of equality in 1776 proclaims that;
“All men are created equal, that they are endowed by their Creator with
certain unalienable Rights”
 According to the French declaration;
“Man are born and live free and equal in their rights”

 Meaning of equality:
 As a political ideal the concept of equality invokes the idea that all
human beings have an equal worth regardless of their color, gender,
race, or nationality.
 It maintains that human beings deserve equal consideration and respect
because of their common humanity.
 In short, equality means absence of all unnatural and unjust inequalities.
 There are two main aspects of equality;

Aspects
of
Equality

1) Positive 2) Negative
aspects aspects

1. In Positive aspect: It means that adequate opportunities will be

made available to all.
2. In Negative aspect: It means the absence of special privileges.
 Characteristics features of equality:
a) It accepts the presence of some natural inequalities.
 b) Equality stands for absence of all unnatural man- made inequalities
and specially privileged classes in the society.
c) Equality postulates the grant and guarantee of equal rights and
freedoms to all the people.
d) Absence of special privileges in society.
e) Presence of adequate and equal opportunities for development for
all.
f) Equal satisfaction of basic needs of all.
 Types of equality:
 There are four main types of equality
1. Civil or legal equality
2. Political equality
3. Economic equality
4. Social equality

1) Civil or
legal

2) Types of 3)
Social Equality Political

4)
Economic

1. Civil or legal equality:

 It stands for the grant of equal rights and freedoms to all the people and
social groups. All the people are to be treated equal before Law.
2. Political equality:
 It stands for equal opportunities for participation of all in the political
process.
  This involves the concept of grant of equal political rights for all the
citizens with some uniform qualifications for everyone.
3. Economic equality:
 Economic equality does not mean equal treatment or equal reward or
equal wages for all.
 It stands for fair and adequate opportunities to all for work and for
earning of their livelihoods.
 It also means that primary needs of all should be met before the special
needs of few are satisfied.
 The gap between rich and poor should be minimum.
 There should be equitable distribution of wealth and resources in the
society.
4. Social equality:
 It stands for equal rights and opportunities for development for all classes
of people without any discrimination.
 Social inequality is an inevitable result of economic inequality.

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