Concept of sovereignty

Introduction
Origin
Meaning
Definitiin
Types
Charactristics
Austin theory
conclusion
• INTRODUCTION.
• Sovereignity is an essential element of state .state can not exist without
sovereignty .state is reagrded superior to other associations only because of
sovereignty.infact modern theory of state got its proper shape and perfection only
with the concept of sovereignity was introduced in it.the concept of sovereignity
became the main idea of modern political science.sovereignity is an essence about
the power to make lawa and the ability tu rule effectively .it is legal concept it is
regarded as the most segnificant and essential element of the state is regarded as
supreme having legal power over all individual and associations.it has power
unrestrained to make law , issue commands and take decisions , which are binding
on all, within jurisdiction.the ssovereign has commanding coercive power to
punish those who diaobey its orders and decisions.
• ORIGIN OF THE TERM.
• 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 , for they
frequently employed the terms “summa potestas and plenitudo potestatis “by
which to designate the supreme power of the state.the modern terms
“sovereign”and “sovereignity”were first used by the french jurist in the
fifteenth century.jean bodin (1530-1596) in the sixteenth century was the first
writer to discuss at length in his “six book on the republic” the nature and
characteristics of sovereignty.Thomas hobbes (1588-1679) , john locke (1632-
1704) and montesquieu (1689-1755) were also key figure in upholding the
concept of sovereignty.
• MEANING OF SOVEREIGNITY.
• The term sovereignity has been derived from the latin word “superanus” which
means supreme.
• It is supreme power of the state to take any decision regarding with internal and
external matters of the country.it denotes supermacy of state.it is free to make
its own foreign policy decision without any external pressure.it makes state
independent and supreme.
• DEFINITION OF SOVEREIGNITY.
• Jean Bodin:-
• “the supreme power of the state over citizens and subjects ,unrestrained by
law”.
• HUGO GROTIOUS:-
• “the supreme political power vested in him whose acts are not subject to any
other and whose will cannot be overridden”.
• POLLOCK:-
• Sovereignity is that power which is neither temporary nor delegated nor subject
to particular rules,which it can not alter , nor answerable to any other power on
the earth.”
• 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”.
• TWO ASPECTS OF SOVEREIGNTY.
• INTERNAL.
• Sovereignty within the national sphere is known as internal sovereignty.
• Internal sovereignty means that the state is powerful internally .implies the
power of the state over individuals , citizens, subjects and associations.
• EXTERNAL.
• External sovereignty implies the freedom of a state from foreign control.creating
the independence of the state.it concern the relationship between a sovereign
power and other state the term external sovereignty is employed by some writers
to mean nothing more than the freedom of the state from subjugtion to or
control by foreign state.
• SCOPE OF SOVEREIGNTY
• Sovereignty is very essential for the state.
• Without sovereignty ;state can not even exist.
• In case of death of a ruler of the state ;the leadership goes to his/her successor however
state remains to be sovereign.
• Even in case of an interbal rebellion ; the leadership changes but state remains to be
sovereign.
• CHARACTERISTICS OF SOVEREIGNTY.
• PERMANANCE
• Permanancy is the chief characteristics of soverignty .sovereignty lasts as long as an
independent state lasts.the death of the king overthrough of the govt does not effect
sovereignty.
• UNIVERSILITY.
• The state is all comprehensive and the sovereign power is universilly applicable.no associations or
grouo of idividuals , however rich or powerful it may be , can resist or disobey the sovereign authority.
• Sovereign makes no exception and grants no exemption to anyone.
• The state authority extends to all persons , things , groups , and associations within its territory
without any exception.
• EXCLUSIVENESS.
• By exclusiveness is meant that there can not be two sovereigns in one independent state .
• It two sovereigns exist in a state , unity of that state will be destroyed .there can not exist another
sovereingns state within the existing sovereign state
• INALIENABILITY.
• Sovereignity is the life and soul of the state and it can not be alienated withot destroying the state
itself .it means that sovereingty can not be transfered to anyone other body without destroying.
• INDIVISIBILITY.
• Sovereignty can not be divided into two parts.the exercise of its power may be
distributed among various governmantel organs , but sovereignty is a unit just as
the state is a unit.
• “sovereignty is entire thing to divide it , is to destory”because it represent
supreme will of the state .
• Once it is divided ,it no more remains a will.
• There can not be two seovereign in a state .
• UNITY.
• Unity is very spirit of sovereignty .the sovereign state is united just as we are
united.
• ABSOLUTENESS
• Sovereignty is absolute and unlimited.
• There can be no legal power within the state superior to it , and there can be no
legal limit to the supreme law making power of the state.
• Sovereignty can not be limited or restricted by any superior power within the state
or out side the state
• It can make laws, amend or repeal them , it can amend the constitution .it can use
coercion for the execution of law with in its territory.
• ORIGNILITY.
• By origniliy we mean that sovereign wields power by virtue of his own right and
not by virtue of anybodys’ mercy.
• AUSTIN’S THEORY OF SOVEREIGNTY.
• In the 19th century the theory of sovereignty as a legal concept was perfected
by Austin by an english jurist .he is regarded as greatest exponent of monistic
theory.in his book “province of jurisprudence”determined austin
observed .According tu austin “law is command given by a superior to inferior” .
• State and sovereignty is superior , people are inferior.
• CRITICISM ON AUSTIN THEORY OF SOVEREIGNTY.
• His theory stands for absolute monarchy.
• Austin’s theory is against democratic principle.
• His theory violates the universal principle of law.
• CONCLUSION.
• Sovereignty thought its meaning have varied across history,its core meaning is
supreme power or authority within a territory .it is a modern notion of political
authority.the state is the political institution in which sovereignty is embodied.
• The power to do everything in a state without accountibility to other countries
to execute and to apply them to impose and collect taxes, and levy
contributions, to make war or peace, to form treaties of license or of
commerce with foreign nations.
• Sovereignty is permanent concept of the state.so long as a state lasts, its
sovereignty also lasts.changes in govt do not effect its continuity and
permanance.