Ll.b ii jii u i state sovereignty law
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The document discusses the concept of state sovereignty and different theories related to it. It defines a state according to various scholars like Garner, Wilson, and Salmond. A state has elements of population, territory, government, and sovereignty. There are two types of sovereignty - internal and external. Internal sovereignty means supreme power over individuals within a territory, while external sovereignty means freedom from foreign control. Sovereignty has characteristics like absoluteness, permanence, and inalienability. Theories discussed include monism, pluralism, Austin's theory locating the sovereign, and Dicey's distinction between legal and political sovereignty.
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This document discusses the concept of sovereignty. It begins by tracing the origins of the term back to ancient philosophers like Aristotle. It then examines key thinkers like Jean Bodin, Niccolo Machiavelli, Thomas Hobbes, John Locke, and Montesquieu who helped develop the modern concept. The document provides definitions of sovereignty from these thinkers and others. It outlines the main characteristics of sovereignty including permanence, universality, exclusiveness, inalienability, indivisibility, unity, absoluteness, and originality. Finally, it examines different kinds of sovereignty such as internal/external, nominal/real, legal/political, de jure/de facto.
Theory of Sovereignty - John Austin
Sovereignty means 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.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
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There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
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Ll.b ii jii u i state sovereignty law
- 1. State sovereignty law Course-LL.B –II Subject-Jurisprudence-II Unit-I 1
- 2. State
- 3. Garner “The state is the community of persons more or less numerous ,permanently occupying a definite portion of territory, independent or nearly so of external control and possessing organized government to which the great inhabitants render habitual obedience.”
- 4. Woodrow Wilson • A state is a people organized for law within a definite territory”
- 5. Salmond • A society of men established for the maintenance of order and justice within a determined territory ,by way of force.
- 6. Elements of State • Population • Territory • Government • Sovreignty
- 7. Functions of the State Salmond -Primary -Secondary
- 8. Kinds of State • Unitary State • Composite State
- 9. The State and law theory • The State is superior to law and creator of law • Salmond –It is in and through State alone that law exists. • Law as a command of the Sovereign. • Only the sovereign has the power to make law and he himself is not bound by it.
- 10. • The second theory is that law is more important than the state and the state is bound by it. • Law is anterior to the states • The rule of law is ,clearly, independent of the states and is ,indeed anterior to it.
- 11. 3rd Theory • State and law are one and the same thing. • legal order • The term State and law are the same things. • The identification of law with the State is like the identification of church and state or religion and the state.
- 12. Meaning of Sovereignty • “sovereignty” is derived form the Latin word “superannus” • It means the supreme power of the state over all individuals and associations within its own territorial limits. • It has the power to command obedience to its laws and commands and to punish the offenders who violate the same
- 13. Sovereignty • In its popular sense, the term sovereignty means supremacy or the right to demand obedience. • The Sovereign state is one which is subordinate to no other • It is supreme over the territory under its control.
- 14. • sovereignty also involves the idea of freedom from foreign control • This is what is called external sovereignty • sovereignty of the state has two aspects, namely, internal and external sovereignty.
- 15. Characteristics of Sovereignty • Absoluteness • Permanence • Inalienability • Imperceptibility • Originality
- 16. Different kinds of soverginty • Titular and Real Sovereignty • De facto and de jure Sovereign • Legal and Political Sovereignty • Popular Sovereignty
- 17. Austin’s Theory • According to Austin’s theory of sovereignty, the state is a legal order in which there is a determinate authority acting as the ultimate source of power. • The main point of criticism against Austin’s theory is that the theory is inconsistent with the modern idea of popular sovereignty • It is very difficult to locate the sovereign in a federal state.
- 18. THE PLURALIST THEORY OF SOVEREIGNTY • Pluralism or the Pluralist theory of sovereignty emerged as a reaction against the Monistic theory of sovereignty which we have discussed in the previous section. • The Pluralist theory emerged in response to the undue emphasis on the power of the state as advocated by the monists
- 19. Principles of Pluralism: • The Pluralist theory recognizes the role of several associations in the society, formed by men in pursuance of their varied interests • Such associations include the church and other religious organizations, trade unions, cooperative societies, voluntary associations and the like
- 20. Role of the State as Coordinator • Just as an association coordinates the activities of its members, the state also coordinates the activities of the other associations in the society • the state also coordinates the activities of the other associations in the society
- 21. Decentralisation of Authority • The Pluralists hold that the complexity of the economic and political relations of the modern world cannot be dealt with by a monolithic view of the state. • Therefore, the management and control of society must be shared by various associations in proportion to their contribution the social good.
- 22. • Accordingly, the pluralists stand for the decentralization of authority so that all authority is not concentrated in the hands of the state.
- 23. • Its independence in the face of other communities is the mark of external sovereignty . • Soveregnity is the chief attribute of statehood.
- 24. Diecey • Two kinds of sovereignty- • Legal • Political
- 25. References • B.N.M. Tripati : An Introduction to Jurisprudence (Legal Theory) • 1.https://lh5.ggpht.com/HLnLMmZqbfbQirTFZ3eQjqzDnvnSbXYOs3zoqHvK uhXL25APHW0nFkWo4zFQGqMNbvQ7=s153