Sovereignty –Monistic

Theory
TWO ASPECTS OF SOVEREIGNTY

 INTERNAL SOVEREIGNTY
 EXTERNAL SOVEREIGNTY
 CHARACTERISTICS OF
SOVEREIGNTY
 Originality
 Permanence
 Absoluteness
 Exclusiveness
 Universality
 Inalienability
 Indivisibility
 Unity
 Imperscriptibility
 DIFFERENT KINDS OR FORMS OF
SOVEREIGNTY
1. NOMINAL OF TITULAR
SOVEREIGNTY AND REAL
SOVEREIGNTY
2. DE-JURE AND DE-FACTO
SOVEREIGN
3. LEGAL SOVEREIGNTY
4. POLITICAL SOVEREIGNTY
5. POPULAR SOVEREIGNTY
 DIFFERENCE BETWEEN
POLITICAL AND POPULAR
SOVEREIGNTY
 It is vague concept
 Popular sovereignty is not organised
 Lack of legal sanction behind it
 Absence of legitimate coercive power
with people
 THEORY OF LIMITED
SOVEREIGNTY
 Natural Rights
 Natural Laws
 Religion
 Constitution
 Customs and Convention
 International law and Treaties
 Public Opinion
 Limitations put by different Associations
 CHARACTERISTICS OF
AUSTIN’S THEORY OF
SOVEREIGNTY
 Sovereignty is an essential element of the State
 Sovereignty in the state must be Determinate
 Receives habitual obedience from the bulk of
Society
 Sovereignty is Unlimited
 Sovereign is the only source of Law
 Sovereignty id Indivisible
 CRITICISM OF AUSTIN’S
THEORY
o Sovereignty is not always Determinate
o Sovereignty is Divisible
o Power of the sovereign are not Unlimited
o Laws are not always the command of the
Sovereign
o Laws are obeyed because of their Utility
o Hindrance in the way of international co-
operation
o It is against democratic Principles
o Austin ignores Political Sovereignty
o It is dangerous Theory
o This theory is against the principle of
Equality
o Criticism of this theory by pluralists
 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