Sovereignty

What is Sovereignty?

The term sovereignty is derived from the word "superanus" which means
supremacy or superior power.

Sovereignty is a political concept that refers to a dominant power or supreme

authority.

Aristotle referred sovereignty is a supreme power of the state.

The modern term sovereignty were first used by French Jurists such as Beaumanoir
and Loyseau in the fifteenth century.

Beaumanoir quoted that, "The king is sovereign above all we name him when we
speak of the sovereignty which belongs to him.”

Jean Bodin

The modern concept of sovereignty owes more to the jurist Jean Bodin (1530-1596)
than it does to any other early modern theorist. Bodin conceived it as a supreme,
perpetual, and indivisible power, marked by the ability to make law without the
consent of any other.

He discussed his idea of Sovereignty in his Six Books of Republic.

Bodin defined sovereignty as supreme power over citizens and subjects

unrestrained by law.

The sovereign is bound by the law of God. Sovereignty could be in one person or a
body of persons.

Thomas Hobbes

Hobbes gave his theory of sovereignty in ‘The Leviathan’

According to Hobbes the sovereignty was created by means of a social contract

According to Hobbes-Sovereignty is,
*Absolute
*Indivisible
*Sources of all authority
*Has no limitation of power

Sovereignty could be in one person or a body of persons.

John Locke

The sovereignty of Locke also was created by a social contract. However, he did
not possess unlimited powers.

For Locke sovereignty as "supreme power" meant that the supremacy and unity of
power passed from God to people and from people to ruler through a hierarchy of
contracts.

According to Locke, the people had the right to revolt against the sovereign if he
did not fulfil the duties which are given to him by the people.

Rousseau

The sovereignty of Rousseau was the general will which was created by means of a
social contract by which all the individuals gave up all the rights which they
possessed in the state of nature to the sovereign.

Rousseau stood for the sovereignty of the people which is known as popular
sovereignty. His sovereignty was absolute, indivisible, infallible and inalienable.

Friedrich Hegel

Hegel made the theory of sovereignty philosophical and metaphysical.

His view was that the state was perfected rationality, the eternal and necessary
essence of spirit, and an absolute fixed end in itself. The rights of the state were
unlimited. The state was the supreme community and was the source of morality
and all civilized existence. People doesnt have the right to revolt against the state
Jeremy Bentham

According to Bentham, sovereignty possessed absolute powers.

According to the Bentham Theory of Sovereignty, there will be a political society
with a body of people acting to express the people's.

John Austin

Law is the command of the sovereign

This definition expresses that the sovereign, that is, the person/people in power is
politically superior, but in democratic countries, it is not true. Every citizen has the
same right same that of a President/Prime Minister/Chief Justice.

Kinds of Sovereignty

1. Monistic sovereignty

2. Pluralistic sovereignty

3. Titular vs actual sovereignty

4. De facto and de jure sovereignty

5. Legal and political sovereignty

6. Popular sovereignty

7. National sovereignty

---V. D Mahajan, Political Theory, p.280

Monistic Theory of Sovereignty

The state holds absolute and indivisible power, with no other entity sharing or
limiting its authority.

1. Absolute Authority: The state's power is supreme and not subject to any higher
authority, internal or external.
2. Indivisibility: Sovereignty is not divided or shared; it resides entirely within the
state.

3. State as the Source of Law: The state's will is the ultimate source of law, and all
other laws are derived from its commands.

4. Obedience from Subjects: All Individuals and groups within the state are
expected to obey the sovereign's commands,

John Austin viewed sovereignty as the command of a determinate human superior

who is habitually obeyed by the majority of a society, and who is not In the habit
of obeying a superior.

Jean Bodin advocated for the indivisibility and absoluteness of sovereignty within
the state.

Thomas Hobbes concept of the sovereign power in "Leviathan" aligns with the
monistic view, emphasizing the need for a strong, unified authority to maintain
order.

Pluralistic Theory of Sovereignty

In Pluralistic view sovereignty is not solely held by the state but is distributed
among various social groups, institutions, and associations.

In recent times, the old idea of sovereignty (Monistic) has been attacked by writers
known as the pluralists. The names of some of them are

Glerke, Maitland, Figgis, Duguit, Cole, Laski and Maciver.

Titular vs Actual Sovereignty

Titular Sovereignty

1. Formal Authority: It's the legal or constitutional authority to be the head of

state, often found in monarchies where the monarch reigns but doesn't govern

2. Ceremonial Role: The titular sovereign may perform symbolic or ceremonial

duties but lacks real political power.
Example: The British monarch is a titular sovereign. While the Queen is the head of
state, the actual power to govern lies with Parliament and the Prime Minister.

Actual Sovereignty:

1. Real Power: This is the ability to make and implement laws, control the state's
resources, and enforce its decisions.

2. Effective Control: The actual sovereign has the power to exercise authority and
influence over the state and its population.

Example: In the UK, the Parliament and the Prime Minister, who are responsible
for governing, hold the actual sovereignty.

De jure and De facto Sovereignty

De jure sovereignty:

Legal Right: De jure sovereignty is about the legal and official recognition of a
state's authority to govern itself. it's the formal, legal claim to sovereignty.

International Law: It's usually established through international law and

recognition by other states.

Example: A country that is a member of the United Nations and has diplomatic
relations with other countries would be considered to have de jure sovereignty

Legal and Political Sovereignty

Legal sovereignty refers to the supreme legal authority to make and enforce laws,
while political sovereignty denotes the ultimate political power to govern.
Essentially, legal sovereignty provides the framework, while political sovereignty
exercises the power within that framework.
Legal Sovereignty

Focus: The power to create and enforce laws within a state's territory.

Characteristics: It involves the ability to establish legal rules, resolve disputes

through courts, and ensure compliance with the legal system.

Example: A country's parliament passing a law, or a court interpreting the

constitution, are examples of legal sovereignty in action.

Relationship to Political Sovereignty: Legal sovereignty is often seen as the

foundation upon which political sovereignty rests. Without a legal framework,
political power would be chaotic and unsustainable.

Popular Sovereignty

Popular sovereignty is government based on consent of the people. The

government's source of authority is the people, and its power is not legitimate if it
disregards the will of the people. Government established by free choice of the
people is expected to serve the people, who have sovereignty, or supreme power.

Similar to Jean-Jacques Rousseau's General will.

National Sovereignty

National sovereignty refers to the supreme power or authority of a state to govern

itself, free from external interference, within its own territory and jurisdiction. It's
a fundamental principle in international law, recognizing a state's independence
and its right to make its own laws and policies. This includes control over its
borders, resources, and internal affairs.

Characteristics of Sovereignty

“The distinctive attributes or characteristics of sovereignty are permanence,

exclusiveness, comprehensiveness, unity, inalienability, indivisibility, and
absoluteness.”