Sovereignty

  • Any State has four elements- Population, Territory, government and Sovereignty. Sovereignty is the most important element of the state. Sovereignty implies that no other state or political authority can regulate the state from within or outside its territory.
  • The supreme power over all the people in the whole of the territory of the state is known as internal sovereignty. External sovereignty means sovereign equality of all the states.
  • Each state is independent to act its role secure its national interests in international arena.Characteristics of sovereignty are originality, permanence, absoluteness, exclusiveness, comprehensiveness, inalienability, imprescriptibility, indivisibility.
  • Ancient Greeks were aware of the concept of sovereignty. Plato and Aristotle held that polis is the only authority to exercise sovereign power.Jean Bodinin seventeenth century defined state sovereignty as supreme power over citizens and subjects, unrestrained by law.
  • Hobbes defined sovereignty as the absolute power of the sovereign. Locke defined sovereignty in terms of community and limited the power of the government. Rousseau advocated the concept of popular sovereignty based on the theory of general will. John Austin propounded the legal view of sovereignty that is also known as monistic theory.
  • Austin offers a complete theory of legal sovereignty. Everyone accepts that legally sovereignty is absolute, unlimited, inalienable, comprehensive, all inclusive and indivisible. Sovereignty is a unity. State is sovereign and its sovereignty is absolute.
  • There are seven forms of Sovereignty- nominal and real sovereignty, de jure and de facto sovereignty, legal, political and popular sovereignty.
  • Pluralists in 20th century advocated that sovereignty is not the preserve of the state only and it is divisible. Pluralist theory holds that State is just one of the several associations of the people and groups which are present and working in the society.
  • Harold J. Laski strongly criticizes and rejects the legal theory of sovereignty as unacceptable and tyrannical theory. He advocated the view that state has no monopoly over sovereign power in society. State shares sovereignty equitably with other groups and associations of society.

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  • Q1

    Which theory emerged as a reaction against the monistic theory of John Austin and absolutist totalitarian state advocated by Hegel?

    Marks:1
    Answer:

    Pluralism

    Explanation:

    Pluralism emerged as a reaction against the monistic theory of John Austin and absolutist totalitarian state advocated by Hegel.

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  • Q2

    Austin’s theory of sovereignty identifies which of the following sanctions behind law…

    Marks:1
    Answer:

    Force

    Explanation:

    According to Austin “Law is the command of the sovereign”. Sovereign makes and implements laws and these laws are binding and authoritative, backed by the sanction of force.

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  • Q3

    Rousseau’s concept of general will is orchestrated by Hegel as concept of:

    Marks:1
    Answer:

    universal spirit.

    Explanation:

    Hegel orchestrated Rousseau’s concept of general will as the universal spirit and bought in the concept of all powerful, all inclusive and omnipotent status of state.

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  • Q4

    Which of the following pair is not a feature of sovereignty?

    Marks:1
    Answer:

    temporariness and submissiveness

    Explanation:

    Characteristic features of sovereignty are originality, permanence, absoluteness, exclusiveness, comprehensiveness, inalienability, imprescriptibility, indivisibility.

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  • Q5

    Explain the characteristic features of sovereignty.

    Marks:6
    Answer:

    Main Characteristic feature of sovereignty are:
    Originality- Sovereignty is the original power of the state that is neither delegated by any state nor derived from any source.

    Permanence- Sovereignty is permanent. It lasts as long as state lasts. The change in government does not end it but only transfers it to the next bearer.

    Absoluteness- Sovereignty of the state is absolute from the legal point of view. Internally sovereign power has control over all within the state. State itself can fix its limits on sovereignty.

    Exclusiveness- State alone has the sovereign authority and legitimate power to make citizens obey its dictate. In every state there is one sovereign who exercises it.

    Comprehensiveness- Sovereignty of the state is all inclusive, all comprehensive power of the state.

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