This document discusses theories of sovereignty, including: - John Austin's theory of absolute sovereignty, which defines sovereignty as residing in a single determinate human authority who receives habitual obedience. - Pluralist theories that reject the idea of absolute state sovereignty, arguing that the state is just one of many associations with claims to individuals' allegiance. - The key differences between monist/absolute and pluralist conceptions, with pluralists emphasizing limits on state power and recognizing other social groups/institutions.

1. Submitted To:
Dr. Saroj Choudhary
Submitted By:
Raj Kishor
“Theory of Sovereignty”
Political Science

3. 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.

4. 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.

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

6. 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.

7. 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.

8. Legal And Political 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.

9. Legal And Political Sovereignty:
• 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.

10. John Austin’s theory of sovereignty
• Other names of the theory
• Absolute theory of sovereignty
• Monistic theory of sovereignty
• Non-pluralistic theory
• Single theory

11. John Austin’s theory of sovereignty
• 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.

12. John Austin’s theory of sovereignty
• 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.”

13. John Austin’s theory of sovereignty
• 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

14. John Austin’s theory of sovereignty
• 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

15. John Austin’s theory of sovereignty
• 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

16. John Austin’s theory of sovereignty
• 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

17. 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.”

18. 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

19. Pluralistic Theory Of Sovereignty
• MAIN SUPPORTERS OF THIS PLURALISM
• Prof. Gettell
• Lindsay
• Barker
• Maclver
• Laski
• Cole
• Duguit
• Krabbe etc.

20. Pluralistic Theory Of Sovereignty
• MAIN IDEAS OF PLURALISTS
• The state is one association like various associations.
• Sovereignty is externally limited.
• Sovereignty is internally limited.

21. Pluralistic Theory Of Sovereignty
• 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.

22. Pluralistic Theory Of Sovereignty
• 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.

23. 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.

24. Thank You