Sovereignty

Introduction
“Sovereignty is the absolute, unlimited and indivisible authority of the state in all domestic matters,
independent of every outside power.”
The word sovereignty is derived from the Latin word ‘superanus’ which means superior or supreme power.
The father of the modern theory of sovereignty was the sixteenth century French political philosopher, Jean
Bodin. His work Les Six Livres de la République, published in 1576, contained the first systematic presentation
of his theory. According to Bodin, “Sovereignty is the supreme authority over citizens and subjects,
unrestrained by law.”
Sovereignty is the full right and command of the government over itself without any interference. No outside
body or sources can interfere in the decisions of the state. Sovereignty is an important characteristic that
distinguishes the state from other associations. It is the supreme political will of the state. It is neither temporary
nor delegated and is not answerable to any other power on the Earth.
Aspects of Sovereignty
There are two aspects of sovereignty:
1. Internal Sovereignty
Internal sovereignty means the power of a state within its boundaries. Internally the State is supreme over all
persons and associations. Those who disobey the sovereignty get punished by the state. There is no higher
power to restrain the sovereignty.
2. External Sovereignty
Externally, the state is independent of all foreign control or power. External sovereignty implies that states
should not interfere in the internal affairs of other states. Every state is sovereign for others.
Characteristics of Sovereignty
i. Permanence
As we know, a state has four essential elements:
a. Population
b. Territory
c. Government
d. Sovereignty
Therefore, sovereignty lasts as long as an independent state remains. If a state loses its sovereignty, it ceases to
exist. The sovereignty is not with the ruler or the kings, it is with the state. A king dies but the kingdom lives on.
ii. Exclusiveness
Exclusiveness means there can be only one ruler in an independent state to safeguard its sovereignty. It is
illustrated by the Persian proverb, “There cannot be two kings in a kingdom.” It is based on the principle of the
unity of the State, which means that the State is a single unit, ruled by one sovereign.
iii. All-Comprehensiveness
The state is all-comprehensive which means every individual, organisation and association within a state is
subject to its sovereignty. No organisation or individual is exempt from obeying the laws of the State of
commands of the sovereign.
iv. Inalienability
Inalienability means that the supreme power cannot be alienated or taken away from the state. The state is no
longer sovereign if it transfers its sovereignty to other states.
v. Unity
Every sovereign state is united because the sovereign authorities exercise power in the whole state. Unity is the
key spirit of sovereignty.
vi. Indivisibility
Sovereignty cannot be divided. If the sovereignty of a state is divided, it creates more than one state. John C.
Calhoun says:
“To divide sovereignty is to destroy it.”
vii. Absoluteness
Sovereignty is always absolute. The sovereign does whatsoever he wants and is answerable to none. The state is
both internally and externally supreme.
Certain restrictions or limitations on the supreme power of the State are pointed out by writers and philosophers,
but they are self-assumed by the sovereign. Although morality, religion, international law and treaties may make
a sovereign refrain from a course of action, yet his power is legally unrestricted and unlimited.
viii. Originality
Originality means the sovereign creates or generate laws on his own and not by the mercy of others.
Kinds of Sovereignty
1. Titular and Actual
In parliamentary forms of government, distinction is made between titular and actual sovereigns. A titular
sovereign is only the ruler by name/title, but in reality is not capable of exercising any effective power. The
Queen of Britain, the King of Japan, and the President of Pakistan – all of them are examples of Titular
sovereignty.
A titular sovereign is described as a symbol of unity and tradition of the country, possessing the highest honor,
etc.
With the growth of parliamentary democracy, the king lost the actual power, although he is still called the
sovereign head of the state. The actual supreme power is now in the hands of the Prime Minister and his
executive. They use the king like a rubber-stamp to sign their orders and laws.
2. Legal and Political
Legal sovereignty is the supreme and final law-making power, recognised by law and exercised by an organ of
the State. In every State, there is some authority legally entitled to make laws which the citizens have to obey.
Such authority is the legal sovereign. It expresses the will of the State in the form of laws or commands. The
legal sovereign is unrestrained by law in the exercise of his law-making power. In England, it rests with the
Parliament. There is no legal limit to the power exercised by parliament. It has the power to do everything,
except what is physically impossible, such as to make a man a woman, or a woman a man. However, in a
Federal State, it is somewhat difficult to say precisely as to who is the legal sovereign as Laski says it is
practically an impossible adventure.
The electorate has political sovereignty. The legal sovereign is elected by the political sovereign. The will of the
political sovereign transforms itself into laws of the State. Influenced by public opinion and public reaction, the
legal sovereign takes its decisions.
3. De-jure and De-facto
De jure means a state of affairs that is in accordance with law (i.e. that is officially sanctioned). De jure
sovereignty means that a government has a legal right to control over a particular territory.
De facto means a state of affairs that is true in fact, but that is not officially sanctioned. De facto sovereignty,
however, refers to whether that government actually has control over the territory.
4. Popular
Popular sovereignty means that sovereignty lies in the hands of the people. The basis of the governing power of
the government is public support. The call for the first populist sovereignty was reflected through protests
against monarchy in the sixteenth and seventeenth centuries.
In John Locke’s Two Treatises on Civil Government, it is clearly declared that the king’s rule depends on the
consent of the people.
 Short Questions
Power
In social science and politics, power is the capacity of an individual to influence the actions, beliefs, or conduct
of others.
Politics is nothing other than the pursuit and exercise of power, and political relations are mainly power
relations.
Authority
Authority means the power or right to give orders, make decisions, and enforce obedience.
The term authority is often used for power that is perceived as legitimate or socially approved by the social
structure.
Legitimacy
Legitimacy is commonly defined in political science as the belief that a leader or institution has the right to
govern.
It means the popular acceptance of a government, political regime, or system of governance.
If authorities are not viewed as legitimate, social regulation is more difficult.
Nation
A nation consists of a distinct population of people that are bound together by a common culture, history, and
tradition who are typically concentrated within a specific geographic region.