1. What is sovereignty?
2. Nature of sovereignty
3. Dimensions of sovereignty
4. Characteristics of sovereignty
1. What is sovereignty
A. Sovereignty is the most important constituent element of a modern state. The concept of
sovereignty has been called the very basis of modern political science. It is this concept
which distinguishes a state from other institutions, and places a state over and every
institution or association.
B. Sovereignty denotes the supreme power of the state over citizens and all other
associations, institutions and organizations in a state.
C. It is a term about which there exist confusion and contradiction of thought. In fact, the
concept has been changing with the transformation of social, economic and intellectual
forces.
Sovereignty is a concept of modern political theory. The Greeks had no idea of this term.
We may take note of the fact that Aristotle used the term ‘supreme power’ of the state in
different senses. During the middle ages, the jurists, the theologians and other writers used
terms like summa potestas (highest power of the state) or plenitudo potestas ( supreme
authority of the state) in a sense different from what we mean now by the term
sovereignty.
The 16th century French political scientist and philosopher, Jean Bodin (1530-
96) was the father of the modern theory of sovereignty. Published in Paris in
1576, his book titled ‘De La Republique’, contained the first systematic
presentation of his theory. Sovereignty as defined by Jean Bodin, ‘is the
supreme power of the state over citizens and subjects, unrestrained by law’.
As per Bodin, sovereignty was identified with royal absolutism. The earlier
writers like Jean Bodin, Thomas Hobbes, John Locke, Jean Jacques Rousseau
and modern political scientists like Jellinek, Duguit, Kelsen and Laski
interpreted sovereignty in varying terms. We intend to cite three of them.
Jellinek, “Sovereignty is that characteristic of the state by virtue of
which it cannot be legally bound except by its own will or limited by
any other power than itself”.
Laski, “The sovereignty of the state issues orders to all men and all
associations within its area; it receives order from one of them. It’s
will is subject to no legal limitation of any kind. What is proposed is
rightly by mere announcement of intention”.
Kelsen, “In its original and only specific meaning, sovereignty means
supreme authority”.
2. Nature of Sovereignty
Two views explain the nature of sovereignty. They are (1)
The traditional view and (2) the pluralist view.
(1) The traditional view: It holds that the state is an
absolute and morally supreme organization endowed
with coercive power for assuring the realization of the
ideal of peace and security. Hence, the state can
legitimately claim total obedience of man to its authority
issuing in the forms of law. It may punish those who
violate its commands being its will in the concrete form.
The traditional view is also called ‘monism’ because it
regards sovereignty as absolute, unlimited and
indivisible.
(2) The pluralist view: Opposed to monism, the pluralists
seek to justify the limited and divisible nature of
sovereignty. They attack the doctrine of an absolute
state. They contend that there are other essential
associations on a parity with the state.
Man’s social nature as they maintain finds expression in
numerous groupings, pursuing various ends – religious, social,
economic, professional, political : no one of the groups is
superior, morally or practically to the others.
Dimensions of sovereignty:
There are two dimensions of sovereignty. They are internal
dimension and external dimension.
Internal dimension: In the internal sphere, the ideal of
sovereignty means that the state has highest authority within the
areas under its control or jurisdiction. All people and their
associations are under the control of the state. The state has the
power to make and enforce a law throughout its territory. State is
the final power to command and enforce obedience. Sate is
subject to no legal limitation.
External dimension: In external sphere, the idea of sovereignty implies
freedom of state from any alien subjugation. A dependent people cannot be
called a state. However, it in pursuance of some international treaty or
agreement, a state accepts limitations on its freedom of action, it does not
amount to the loss or destruction of its sovereignty. For example, the
association of a sovereign state with the Commonwealth of Nations or with
the UN. In fact, the external aspect of sovereignty is an extension of its
internal aspect in the international sphere.
The Characteristics of sovereignty: According to Professor Garner, the following
are the characteristics of sovereignty:
1.Permanence
2. Exclusiveness
3. All comprehensiveness
4. Inalienability
5. Unity
6. Imprescriptibility
7. Indivisibility
8. Absoluteness
9. Originality
1. Permanence : Permanence is the chief characteristic of
sovereignty. Sovereignty lasts as long as an independent state
lasts. The death of the king, the overthrow of the government
and the abdication of power does not lead to the destruction
of sovereignty. “Sovereignty does not cease with the death or
temporary dispossession of a particular bearer, or the
reorganization of the state but shifts immediately to a new
bearer, as the center of gravity shifts from one part of physical
body to another when it undergoes external change”.
2. Exclusiveness: Exclusiveness means that there can not be
two sovereigns in one independent state. If two sovereigns
exist in a state, the unity of the state will be destroyed. There
cannot exist another sovereign state within the existing
sovereign state.
3. All comprehensiveness: The state is all comprehensive and the
sovereign power is universally applicable. Every individual and
every association of individuals is subject to the sovereignty of
state. No association or groups of individuals, however rich or
powerful it may be, can resist or disobey the sovereign authority.
Sovereignty makes no exception and grants no exemption to
anyone. It grants exemption only in case of foreign embassies and
diplomatic representatives of foreign countries on a reciprocal
basis. This does not in any restrict the sovereignty of the state in
the legal sense. The state can abolish and withdraw the diplomatic
privileges granted to the foreigners.
4.Inalienability : Inalienability is another characteristic of sovereignty.
Sovereignty is inalienable. By inalienability we mean that the state
cannot part with its sovereignty. Sovereignty is the life and soul of the
state and it cannot be alienated without destroying the state itself.
5. Unity: Unity is the very spirit of sovereignty. The sovereign state is
united just as we are united.
6. Imprescriptibility: By imprescriptibility we mean that if the sovereign
state does not exercise its sovereignty for a certain period of time, it
does not lead o the destruction of sovereignty. It lasts as long as the
state lasts.
7. Indivisibility: Indivisibility is the life blood of
sovereignty. Sovereignty cannot be divided.
Calhoun, an American political scientist remarks,
“Sovereignty is an entire thing; to divide it is to
destroy it. It is the supreme power in a state and
we might just well divide it to destroy it. It is the
supreme power in a state ad we might just well
speak of half square or half a triangle as half of
sovereignty”. Gettel has also very aptly remarked
in this regard. “If sovereignty is not absolute, no
state exists. If sovereignty is divided, more than
one state exists”.
8. Absoluteness: Sovereignty is absolute and
unlimited. The sovereign is entitled to do
whatever he likes. Sovereignty is subject to none.
9. Originality: By originality we mean that the
sovereign wields power by virtue of his own right
and not by virtue of anybody’s mercy.
