Posted On : 22.02.2016 01:13 am
Chapter: 11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes
Sovereignty : Concept, Meaning, Nature And Definitions
Sovereignty is an essential element of the state. State cannot exit without sovereignty. State is regarded superior to other associations only because of sovereignty.
THE CONCEPT OF SOVEREIGNTY INTRODUCTION
Sovereignty is an essential element of the state. State cannot exit without sovereignty. State is regarded superior to other associations only because of sovereignty. In fact modern theory of state got its proper shape and perfection only when the concept of sovereignty was introduced in it.
When we try to search for the origin of this concept we find that he term sovereignty is the product of modern political thinking but the idea goes back to the time of Aristotle who referred to it as the 'supreme power' of the state.
In middle ages Roman jurist and civilians were also familiar to this idea. But it was Jean Bodin who developed for the first time the theory of sovereignty systematically in his book 'Six Books on the Republic'.
MEANING, NATURE AND DEFINITIONS:
The term sovereignty is derived from the Latin word 'Superanus' meaning supreme. It is basically a legal concept. It denotes supremacy of state. To understand the term sovereignty, it is desirable to look into some definitions of the given by some political thinkers.
Jean Bodin defined sovereignty as 'absolute and perpetual power of commanding in a state. It is supreme power over citizens and subjects unrestrained by law'.
Pollock says that 'Sovereignty is that power which is neither temporary nor delegated nor subject to particular rules, which it cannot alter, nor answerable to any other power on the earth.'
Burgers described sovereignty as 'original absolute unlimited power over the undivided subjects and over all associations of subjects. It is the underived and independent power to command and compel obedience.'
D.F Russell defines sovereignty as 'the strongest power and supreme authority within a state, which is unlimited by law or anything else.'
According to Laski sovereign is 'legally supreme over any individual or group. It possesses supreme coercive power.' The above definitions may differ from each other but one thing is very clear and there is no doubt about the superior authority of sovereignty.
The basic idea is that the sovereignty is able to declare law, issue commands and take political decisions, which are binding on individuals and associations within his jurisdiction.
There are two aspects of sovereigntya) Internal sovereignty b) External sovereignty Internal sovereignty means that the sovereign is the supreme authority over the individual and associations, within its territory. External sovereignty means that the sovereign is an independent entity, free from alien rule or control, in itsconduct with other states and international organization. Modern state claims supremacy in internal matter and freedom from the control of external government on the basis of he attribute of the sovereignty. Sovereignty has the following characteristics:
1. Sovereignty is absolute from the legal point of view. 2. Sovereignty is permanent. It lasts as long as he state. Change in Government does not end sovereignty but only transfers it to the next bearer. 3. Sovereignty of the state is universal. It extends to all within its territory. 4. Sovereignty is inalienable. Sovereignty of the state cannot be given away without destroying the state.
5. Sovereignty cannot be divided between or shared by a plurality. To Gettell - 'If sovereignty is not absolute no state exists; if sovereignty is divided more than one state exists; but with the emergence of the concept of federalism, the idea of dual sovereignty was provided by Tocqueville, Wheaton and Halleck. 6. Sovereignty is exclusive. State alone has the sovereign authority and legitimate power to make citizens obey its dictates. It is again important to note that all these characteristics of sovereignty are peculiar to the legal notion of sovereignty. They are best represented by an absolute monarchy.
In the actual working of the state - especially in the case of democratic, federal, pluralist and constitutional government - it becomes extremely difficult to discover the seat or real character of sovereignty.
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11th 12th std standard Political Science History goverment rule laws life Higher secondary school College Notes : Sovereignty : Concept, Meaning, Nature And Definitions |