Simply put law is the output of politics and politics
operate within the confines of law.
In this sense we can say that law and politics are twin
concepts that affect one another.
Law and politics in this discourse is not limited to the
national realms but also extends to the international arena
In which case, what are the basic characteristics between
national and international law and politics.
The law functions in relation to politics in three basic
aspects, namely as a goal, a means or an obstacle.
First, politics can define certain predominantly legal
values or institutions as its goal.
In this case the political understanding of the same values
or institution becomes almost identical to an authentic legal understanding of
the same values or institution (democracy)
Second, politics can comprehend the law merely as a means
for the fulfilment of certain political interest
In this case politics is neutral in its attitude towards
the law (i.e. electoral process)
Finally politics can interpret law as an obstacle on the
way toward the realization of certain political goals. In this situation either
politics prevails over law, or vice versa.
In the first case politics effectuates its solutions at the
expense of rule of law, while in the second case the autonomy of law is
preserved through the decisions of the highest courts or by other actions taken
by lawyers, intellectuals, association, organizations and the public in order
to stop illicit acts of political actors.
Law and politics create their own particular picture of
reality. Sometimes those picture overlap, sometimes they differ
But the central question to answer in this discourse is
what relationship exist between the politics and law?
In answering this question, the appropriate approach
suggest that we simply identify any two attributes of politics and see how
these attributes represent or are expressed by law.
For example, sovereignty and government (population,
territory).
A critical observation clearly shows the existence and reality of law.
In other words, all attributes of politics have legal
characteristics, for instance the sovereignty of the state represent the
supreme and overwhelming powers of the state
In this sense, state power operate over a given territory,
the powers of that state are both ultimate, decisive, final and universal.
It also means that the powers of that state over its territory are of lasting legal implications.
In the legal arena, sovereignty is not only of political
relevance but it represents the legal expression of the state’s existence.
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