SOVEREIGNTY

MEANING, DEFINITIONS, ASPECTS, ATTRIBUTES AND KINDS

BY: SWETA KUMARI
ASSISTANT PROFESSOR
RCL
• Meaning

➢ The term Sovereignty is derived from the Latin word Superanus,

which means paramount or supreme. Sovereignty is used in the
connection with the state. It indicates supreme, final or ultimate
power in the internal and external spheres.
➢In early times, the idea of sovereignty goes back to Aristotle, in an
expression of ‘Supreme Power’. But in modern times, sovereignty was
first used by French writer Jean Bodin.
➢Sovereignty is the monopoly of supreme power existed with the
state.
• DEFINITIONS:
➢Jean Bodin, “ the supreme power over citizens and subjects
unrestrained by law.”
➢Willoughby, “ Sovereignty is the supreme will of the State.
➢Blackstone, “ the supreme irresistible, absolute, uncontrolled
authority in which the supreme legal powers reside.”
➢Hugo Grotius, “ the supreme political power vested in him whose
acts are not subject to any other and whose will cannot be
overridden.
• John Austin, “ If a determinate human Superior, not in the habit of
obedience to a like superior, receives habitual obedience from the
bulk of given society, that determinate human superior is the
sovereign and that society (including the superior) is a society political
and independent. Every positive law or every law simple or strictly so
called, is set directly by a sovereign person or body to a member or
members of the independent political society wherein that person or
body is sovereign or supreme.”
• ASPECTS OF SOVEREIGNITY:
➢There are two aspects of sovereignty : Internal and External
Sovereignty.
➢Internal Sovereignty – means the supreme power of the state in
relation to a society that falls under its government. It implies the
power of the state to make laws and enforce them over all individuals
and their associations within its territory.
➢Laski says, “Sovereignty issues orders to all men and all associations
within that area, it receives orders from none of them. Its will is
subject to no legal limitation of any kind. What is proposed is right by
mere announcement of intention.””
• EXTERNAL SOVEREIGNTY:
The external aspect of sovereignty was developed by Hugo Grotius.
External sovereignty means that the sovereign is free, independent and
equal with other sovereigns. Sovereignty of the State is not subject to
any other authority. It includes the power of a State to declare war and
make peace. Such a State has its own foreign policy. In short, it means
that the State is independent.
• ATTRIBUTES OF SOVEREIGNTY :

➢Permanence
➢Exclusiveness
➢All Comprehensiveness
➢Universality
➢Indivisibility
• DIFFERENT KINDS OF SOVEREIGNITY

➢Nominal and Real Sovereignty ( TITULAR)

➢De Jure and De facto Sovereignty
➢Legal Sovereignty DICEY
➢Political Sovereignty
 (last Slide)
THANK YOU.