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DEPARTMENT OF POLITICAL SCIENCE

G.C UNIVERSITY, LAHORE

Topic:
Sovereignty
(Difference between Pluralistic & Monistic Theory)
Subject:
Political Science
Submitted To:
Ma’am Kanza Sharif
Submitted by:
Khizar Hayat (1232)
Nabi Ahmad Cheema (1240)
Year: 1st
Semester: 1st
Dated: 10 – 12 – 2018

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Contents

1. Abstract

2. Introduction

3. Back Ground

4. Sovereignty (Definitions)

5. Wings.

i) Internal

ii) External

6. Kinds

i) Titular & Real Sovereignty

ii) Legal & Political Sovereignty

iii) De jure & De Facto Sovereignty

iv) Popular

7. Salient Features

8. Difference

i) Islamic & Western Sovereignty

ii) Pruritic & Monastic Sovereignty

iii) Criticism

9. Conclusion

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ABSTRACT

Man made state for its welfare so, Sovereignty is the most important element of a

state. If is free of any influence. A state has two types of Sovereignty. One is internal and

second one is external. If one of the two types is missing so, It will not consider a state.

Sovereignty is the main thing, which veeps peace and safe a State from the terror of war.

It has also certain limitations on it. These would be natural and international.

Sovereignty’s purpose could go to end. If one’s its purpose go to end if means a state

goes to end. If a state goes to end it’s mean a society goes to end. So, the only thing that

knits the individuals into a whole and safe a state from internal and external influence is

Sovereignty.

Key Words:

Sovereignty, Types, Features, Difference, Conclusion

Introduction:

We know that, people are living together from ancient time. But if we talk about

there past, they were living like, wilds live in a jungle. They tried to snatch away rights of

one another. It was all because, they didn’t have any supreme authority. But as time

passed, they came up with a concept of Sovereignty. Sovereignty is the supreme or

powerful authority of the state. It is the one authority which keeps peace and defend a

state from foreign influence.

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Background:

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Sovereignty is a supreme authority within a state. Because it is the soul of the

state. If it goes to end than absolutely state goes to end.

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The word Sovereignty is derived from Latin word which means supreme and

obsessive. The concept of Sovereignty is working from so many centuries. Ancient

Grecian Philosophers Aristotle and Aflatoon used this concept in their descriptions. The

most basic concept about Sovereignty was first time used by French thinker ‫ ژان بودان‬in

his book (The Republica) in which he said Sovereignty is that supreme power of state on

which there are no limits.

Definitions of Sovereignty

1) By Aristotle:

Aristotle defined Sovereignty as the Supreme Power in the State.

2) By John Austin:

He Said “If a human Superior, not in the habit of obedience to a like Superior,

receives habitual obedience from the bulk of a given society, that determinate

Superior is sovereign in that society”.

3) By Jean Bodin:

He said “the supreme Power over citizens and subjects, unrestrained by law is

known as Sovereignty.

1
https://Plato.stanford edu.
2
Civics book of intermediate Published by UBC covert (PVT) Ltd.

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4) By Black Stone:

He said. It is the supreme irresistible, absolute, uncontrolled authority in the state.

By knowing the definition of Sovereignty we come to know that it is the every

thing in a state. State has value in the eyes of others countries if it is sovereign. It is the

supreme authority which makes law and enforce them to maintain peace in a statement.

Because a state is combine of many different factors, likes religion, culture etc. if

there is not supreme authority in a state so the may cause a state to go in the condition of

war. So that’s why we can say Sovereignty is the main element of the state.

Two Wings of Sovereignty

i) Internal Sovereignty

ii) External Sovereignty

Internal Sovereignty:

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In a state all the individuals and also their institutions remains under in one

supreme authority known as Internal Sovereignty. In a state no party and even no

institution is away from his controls because it is consider a supreme authority of the

state. If there is no internal Sovereignty in a state so it may cause a state to go under civil

war because of Individual differences.

External Sovereignty:
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It is the most important wing of the state because it makes a state free of external

fear. It allows one state to make decision of their own will. If there within a state is not

external Sovereignty so that territory could not consider as a state.

3
Civics book of intermediate Published by UBC covert (PVT) Ltd.
4
Ibid

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For example:

Jammu Kashmir is under the influence of India and they have not external of

Sovereignty and also in the matter Plastines are under the influence of the Israiel so b

both of these territories could not consider as states because they don’t have

external Sovereignty.

Kinds of Sovereignty

1) Titular and Real Sovereignty

As we all know that in braitan kingship was absolute and king was the holder of

the Sovereignty. He used his authority according to his will. No one could stop him. So in

this there came many revolutions against, as time passed there came democracy and king

became titular and the real Sovereignty went to in the hands of people. Real Sovereignty

became PM, cabinet and Parliament.

So Now a days king is a titular Sovereignty and constitution made real sovereign

democratic institutions.

For Example:

In Pakistan and also in India presidents are titular and Real Sovereign is prime

minister or Parliament.

ii) Legal and Political Sovereignty

In any state elections are held by state so in this way voters select their represents,

Political parties help these voters. After the election a government is from. In presidency

system president holds the house and in parliamentary system PM holds the house. In this

way Sovereignty goes in the hand of new government and they can use it. The

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Government which form by the way of constitution and they use their authority known as

legal Sovereignty but on the other hand all other political parties which have taken part in

the election force them to fulfill there work or promises these forces by constitution are

political Sovereignty.

For Example:

In Pakistan, the 2018 election have given the Legal Sovereignty in the hands of

PTI but, the Political Sovereignty is in the hands of other political parties like PMLN,

PPP.

iii) De Jure and De Facto Sovereignty:

In any state Legal and real authorities are in the hand of the one person but

sometimes there come revolution in the state. Any person or Institution by the help of

force could snatch away all the authorities of legal Sovereignty. In this way we can see

two Sovereignties in the state. The conjured become the artificially become the holder of

Sovereignty but state is than accepting the real Sovereignty.

For Example:

When Ayub Khan in 1958 imposed martial Law in the country and the

Government was of Iskander Mirza. In this way Ayub Khan became De Facto Sovereign

but that time Iskander Mirza was De Jure sovereign.

iv) Popular Sovereignty:

In early times kingship was the only Sovereignty in the world. So every one was

under the mercy of king. No one could stands against the king and have to follow the

laws or rules of the king. But against the king brutality many people stood and ask to give

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all the powers to the people. In this way. Popular Sovereignty came into being, where

people are real sovereign and could make law of their own will.

For Example:

Before 1789 in france king was the real sovereign. No one could stop him to do

any work but in 1789 there came revolution and the real power went in the hands of

people.

Salient Features of Sovereignty:5

i) Absoluteness:

Sovereignty is that power and authority of the state which is not answerable to

any one. In a state no individual or person is superior than it. All of the person and

institution are under the will of it. It has no limitation on it but it enforces

limitation one the others. He could make or change any law. The attribute of

absoluteness is the fundamental and most important characteristic of Sovereignty.

Moreover, it is also the most controversial feature of the monistic theory of

Sovereignty. It is contented that Sovereignty is not absolute, that there are certain

limitation on it.

ii) Indivisibility:

Sovereignty cannot be divided every state must have one supreme power in it.

Sovereignty could not be divided into two or more parts. Like we are the distribution of

authorities among president, PM and Parliament. It’s not mean that Sovereignty is

divided instead its mean distribution of Governmental authorities.

5
Political science theory and practice by Mazhar ul Haque Published by Book land in November 2010.

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As John C. Calhoun said

To divide Sovereignty is to destroy it.

To example is here of Partition of Pakistan into two state in 1971 means that

distribution of Sovereignty cause to became two independent states.

iii. Comprehensiveness:

In a state, Sovereignty has a great power on every institution place and individual.

No one is out of its supremacy. It not only have supremacy over Geographical limitations

of state but also have supremacy over space and on its water territories. But it is

international law that supremacy of state or Sovereignty could not apply over the foreign

embassies, cars and on the foreign ambassadors. The sovereign has himself extended this

concession to the diplomatic representatives of other state for the sake of international co-

operation.

iv) Permanance:

Sovereignty of the state lasts as long as the state continues to exist. We say it the

soul. It goes to end its mean state goes to end. Sometimes people consider state or

Government and Sovereignty the same institution but in fact both of they have lot of

differences.

v) Exclusiveness:

it is the one of the supreme authority in the state no one could be greater than it.

He is all alone and no one could distribute its authority.

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vi) Imprescriptible:

if a state for some time ands up its Sovereignty at any of its area. Its does not

mean that at that area, state Sovereignty goes to end.

For example:

India Invaded at the Siachen when there was there was no Pakistan army due to

heavy snowfall but later on Pakistan got his area again.

DIFFERENCE

Islamic and western concept of Sovereignty

Islamic concept of Sovereignty:

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Islamic concept of the Sovereignty is totally different from the western concept

of the Sovereignty. It is derived from Quran & Sunnah which are its basic source. It is

clear that in a Islamic concept or Islamic state all the powers belongs to Allah Almighty

Instead of any party or individual etc. Allah is the sovereign in an Islamic state so we

have to follow his rules.

By Maulana Suleman Nadvi

He said or explained the concept of Sovereignty of Allah in a comprehensive

manner as thus. “Mohammad (P.B.U.H) has manifested the glory of that Allah who is

malik (master) from above the sky to beneath the earth.

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Political science theory and practice by Mazhar ul Haque Published by Book land in November 2010.

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So the question arises now could we come to know the will of the Allah? 7The

answer is that the will of Allah we come to know by Holy Quran and the sunnah and

Hadits of Holy Prophet (P.B.U.H).8 it is clear that in a Islamic state ruler has to follow the

rules of Allah and he is not allowed to make any law which is out of Quran and Sunnah.

Western Concept of Sovereignty:

By western point of view sovereignty is the supremacy of the will of the state. It

is indivisible, inalienable, universal, permanent and exclusive. In western concept

sovereign is superior to the others.

In sixteen century Jean Rodin French Political thinker gave it new meaning he

said, “Sovereignty” refers to the source of the state’s authority regardless of its form of

Government.

An international Turist defined Hugo Grotius western concept of Sovereignty by

saying that all states are equal and independent with supreme Jurisdiction with in the

boundaries.

Difference between Islamic Concept and western concept of Sovereignty

Islamic Concept Western Concept

In Islamic concept we come to know that in Western concept says that a state is

on Islamic state Allah is the sovereign. sovereign.

No one is greater than Allah. No one is greater then state.

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Ibid
8
Civics book of intermediate Published by UBC covert (PVT) Ltd.

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In Islamic concept a ruler has to follow the In western concept all the individuals and

rule of Allah which he has described in institution are under the supremacy of the

Holy Quran and by the Sunnah of his Holy state. They have to follow the rules of the

Prophet. state.

Difference between Monist and Pluralist Theories of sovereignty.

What is Pluralist theory of sovereignty?

The pluralistic group was in the favor of welfare of the people. They tried to give

sovereignty to the institutions like, economic, social, religious, educational etc. instead of

in the hands of the state they don’t consider state alienable, indivisible, absoluteness etc.

but they want to give these institutions.

Sovereign form of the welfare of the people. They don’t consider state a supreme

power over the other institutions. (Lasaki, Degey, Matland and Barker)

What is Monistic theory of sovereignty?

It was Jhon Austin who gave the concept of Monistic theory, he said that “If a

human Superior, not in the habit of obedience to a like Superior, receives habitual

obedience from the bulk of a given society, that determinate Superior is sovereign in that

society”. He tried to said that if the supreme authority in one hand it would be better for

the state to progress.

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DIFFERENCE

Pluralistic Monistic

They said, that all the institution of They tried to say that state is a supreme

human’s and state have equal value. authority and all other institution have to

work under state superior it.

We haven’t to give state supreme authority This group tried to say that we have to give

state a supreme authority.

They tried to say that law is made for They tried to say that Law is the Product of

customs and law gave birth to state. the State.

They said that state has equal value as other They only want to give state superiority

institutions have over all other institutions.

They are not ready to consider authority of This group just want to see the authority of

state absoluteness. state absolute.

They’re free from the habitual concept of This group just want to see people for

obedience. habitual obedience.

This group don’t consider sovereignty the The consider the sovereignty only the most

most important element of the state important element of the state

This group want to accept only Political This group want to accept on legal

sovereignty. sovereignty.

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Criticism on both Pluralistic and Monastic Theory

The Monastic group just accept that sovereignty which is legal it is better in

dictatorship or kingship but it is not accept able in the system of democracy. The

pluralistic group just accept institution sovereignty but by accepting this state will lose its

fencing position. In this way all the institutions will become sovereign monastic group is

not ready to accept limitations on the state’s sovereignty but it will stand unbelievable by

the religious, cultural point of make people habitual obedient, this is true in dictatorship

or kingship but it is not workable in democracy. If we consider pularistic group concept

about institutions sovereignty, this will not be benefide for the people because they have

to fulfill many duties at o time. In this way we came to know that bath of these theories

have merits and demerits.

Conclusion:

Sovereignty plays an important role in a state. It can play positive role as well as

negative. Positive role of sovereignty could be state for the welfare of the humanity. If it

plays a positive role, state will or progresses in no time because all the individuals do

their duties honestly. But on the other hand if it plays a negative role. It will prove a hard

stone for the state’s progress. We have to keep one thing in our minds, that state was

made for the welfare of the peoples, so, we have to take steps, which stand in the welfare

of the individuals. By this it is clear that we ought to on force positive sovereignty in a

state.

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