Unit 4: Sovereignty

Sovereignty: Meaning, Definition and Kinds

Meaning and Definition

Sovereignty is the most essential element of the state. It means the supreme and absolute power of the state, subject to no other authority.

Jean Bodin: "Sovereignty is the supreme power of the state over citizens and subjects, unrestrained by law."

Sovereignty has two aspects:

• Internal Sovereignty: The state is the highest authority within its territory. All individuals and associations within the state are subject to its commands.
• External Sovereignty: The state is independent and free from external control. It can determine its own foreign policy.

Kinds of Sovereignty

• Titular vs. Real Sovereignty:
  • Titular: The sovereign who holds power in name only (e.g., the King or Queen of the UK).
  • Real: The sovereign who actually exercises power (e.g., the Parliament in the UK).
• Legal vs. Political Sovereignty:
  • Legal: The supreme law-making authority (e.g., the Parliament in India). Its power is absolute and legally unlimited.
  • Political: The power *behind* the legal sovereign – the will of the people or the electorate. The legal sovereign must ultimately bow to the political sovereign.
• De Jure vs. De Facto Sovereignty:
  • De Jure: The sovereign who has the legal right to rule.
  • De Facto: The sovereign who has the actual power to rule, often having gained it through a revolution or coup (e.im, a military dictator).
• Popular Sovereignty: The idea that the ultimate supreme power resides with the people. This is the basis of democracy.

Austin's Theory of Sovereignty (Monistic Theory)

John Austin, in his book "Lectures on Jurisprudence," gave the classic "Monistic Theory" of sovereignty. This theory views sovereignty as a single, indivisible, and absolute entity.

Key Principles:

1. Sovereign is a "Determinate Human Superior": In every state, there is a specific person or body of persons (like the Parliament) who is the sovereign.
2. Sovereign Receives Habitual Obedience: The majority of society has a habit of obeying this superior.
3. Sovereign is Not Obedient to Others: The sovereign superior does not obey any other authority.
4. Law is the "Command of the Sovereign": Law is whatever the sovereign says it is.
5. Sovereignty is Absolute and Indivisible: The sovereign's power is unlimited and cannot be divided.

Criticism:

• Hard to find a "determinate superior" in many states (e.g., in a federal system like the USA, power is divided).
• Ignores Political Sovereignty: It focuses only on legal power and ignores the power of the people.
• Law is not just Command: It ignores other sources of law, like customs and traditions.
• Ignores International Law: The idea of absolute external sovereignty is challenged by international law and organizations.

Pluralistic Theory of Sovereignty

The Pluralistic theory is a direct challenge to Austin's Monistic theory. Pluralists argue that sovereignty is not the sole possession of the state.

Key Principles:

• Society is Federative: Society is not a uniform mass but a collection of many different associations (families, churches, trade unions, etc.).
• Associations are as Important as the State: These associations are as "natural" and important as the state. Individuals have loyalties to many groups, not just the state.
• The State is just one Association: The state is just one association among many. It has a special role in coordinating, but it is not supreme over all others.
• Sovereignty is Divided: Power in society is and should be divided among the state and these various associations.
• The State's Power is Not Absolute: The state's power should be limited. Its laws should be obeyed only if they align with moral principles and public good.

Harold Laski (Pluralist): "Since society is federal, authority must be federal."