Theory of sovereignty

Submitted To:Dr. Saroj Choudhary

Submitted By:Raj Kishor

“Theory of Sovereignty”

Political Science

Sovereignty

• Sovereignty, though its meanings 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 word sovereignty is taken from Latin word ‘Supernus’ meaning supreme. The supreme power of the state is its sovereign power.

Sovereignty

• The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.

• The power to do everything in a state without accountability, 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 alliance or of commerce with foreign nations.

SOVEREIGN STATE

• One which governs itself independently free from any foreign power.

Two aspects of Sovereignty

• Internal- internal sovereignty means that the state is powerful internally. Implies the power of a sate over individuals, citizens, subjects and associations.

• External – external sovereignty implies the freedom of a state from foreign control. Creating the independence of the state.

Legal And Political Sovereignty:

• Distinction is some times drawn between legal and political sovereignty. The sovereign is supposed to be absolute and omnipotent. It functions according to its own will. Law is simply the will of sovereign.

• There is none to question its validity. Legal sovereign grants rights to its citizens and there can be no rights against him. It means rights of citizens depend on the will of legal sovereign and any time he can take away.

http://en.wikipedia.org/wiki/Westphalian_sovereignty


• LEGAL SOVEREIGN HAS FOLLOWING CHARACTERISTICS-

• 1.The legal sovereignty is always definite and determinate.

• 2.Legal sovereignty may reside either in one person or in a body of persons.

• 3.It is definitely organized, precise and known to law.

• 4.Rights of citizen are gift of legal sovereign.

• 5.The will of state is expressed by the legal sovereign only.

• 6.Legal sovereignty is absolute. It cannot be question.



• In Britain King in Parliament is the sovereign. In U.S the legal sovereign consists of the constitutional authorities that have the power to amend constitution. But behind the legal sovereignty there is another power, which is unknown to law. It is political sovereignty. In practice absolute and unlimited authority of the legal sovereignty does not exist anywhere. Even a dictator cannot act independently and exclusively. The will of legal sovereignty is actually sharpened by many influences, which are unknown to law. All these influences are the real power behind the legal sovereign; and this is called political sovereignty.


John Austin’s theory of sovereignty

• Other names of the theory

• Absolute theory of sovereignty

• Monistic theory of sovereignty

• Non-pluralistic theory

• Single theory


• John Austin is an English jurist. He has given the definition of law and sovereignty.

• Law:

• Law is a command of a superior to an inferior

• State and sovereignty is superior. People are inferior.


• Theory: “ If a determinate human superior not in the habit of like superior obedience but receives habitual obedience from the bulk of given society, then that society is political and independent and that sovereign is the determinate human superior.”


• Features of the theory:

• Every state has a determinate human superior

• The human superior will not obey the orders of like superior

• The entire society will follow the orders of determinate human superior

• His command is a law

• Violation of his command will result in punishment

• The society, which has a determinate human superior, is a political society, which is independent and free from external control


• Criticism:

• His theory stands for absolute monarchy

• Austin’s theory is against democratic principle

• John Austin’s theory glorifies dictatorship

• His theory violates the universal principle of law

• Pluralist scholars criticize Austin theory

• John Austin theory gives importance to only one source of law


• Sources of law, which are not there in Austin theory

• Customs

• Religion

• Judicial decisions

• Dharma

• Legislation: law made by legislature

• Commentary: commentary given by experts


• IMPORTANCE OF AUSTIN’S THEORY OF SOVEREIGNTY

• State us only source of Law

• Laws are enforced only by the State

• Stress on Unity

• Associations are not equal to the State

Pluralistic Theory Of Sovereignty Pluralism is reaction against the absolutism of the monistic

concept of sovereignity.

Defination Of Pluralism

• Prof.Laski writes,”the stase is only one among the various forms

of associations and as compared with them,has no superior claim

to the individual’s allegiance.”

Pluralistic Theory Of Sovereignty

• FACTORS RESPONSIBLE FOR THE DEVELOPMENT OF PLURALISM

• Influence of individualists

• Support of the institutions of middle age

• Support by anarchists,syndicalists and guild syndicalists

• Development of internationalism

• Development of public welfare states


• MAIN SUPPORTERS OF THIS PLURALISM

• Prof. Gettell

• Lindsay

• Barker

• Maclver

• Laski

• Cole

• Duguit

• Krabbe etc.


• MAIN IDEAS OF PLURALISTS

• The state is one association like various associations.

• Sovereignty is externally limited.

• Sovereignty is internally limited.


• CRITICISM OF PLURALISTIC

• Man will come under the control of various associations.

• Wrong and narrow view regarding the functions of the state.

• Laws are not independent of the state authority.

• Different associations will come into existence for bad purpose.

• Pluralists lead to anarchy.


• VALUE OF THIS THEORY

• Emphasis on decentralization.

• Based on the principle of division of labour.

• Recognise the value of different associations.

• Welcome reaction against absolute sovereignty.

Conclusion

• The Monist view asserts that the State is the supreme social institution and has a unique place in comparison to other institutes and organizations

• The plurist view emerged as an alternative to the unidirectional and traditional monist view. The pluralists have done a useful service by emphasizing individual freedom and introducing the group into political thought.

Thank You

Theory of sovereignty

Law

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