SOVEREIGNTY

                                           SOVEREIGNTY

• Sovereignty is the word  derived from latin ‘superanum’ meaning ‘supreme’ or ‘paramount’.

• It pimples supreme power or absolute power.

• The will of the state is expressed through sovereignty. 

• This will is building on individuals and associations situated within the state.

• Sovereignty is therefore an important characteristic of the state.

• Sovereignty has two aspects namely internal and external.

INTERNAL SOVEREIGNTY

         It means that the state has complete legal authority over all individuals & associations' situations.

EXTERNAL SOVEREIGNTY

              It means that the state is legally independent of foreign domination.  It is not subject to any compulsion by any other foreign states.

HISTORICAL DEVELOPMENT OF SOVEREIGNTY

ANCIENT:

• It was Aristotle who far the 1st time mentioned the idea of supreme power (sovereignty).

• Aristotle did not attempt to present a systematic theory of sovereignty.

• He simply talked about the need of having the supreme power of the state.

• In Ancient Greece (city states) there hardly existed a controversy between the individual and state.

• However there are phrases of sovereignty in the roman concept of imperium.

MEDIAEVAL AGE:

• During the middle age, they came to prevent feudalistic social structures.

• The feudal lords claim considerable antimony from royal control.

• Hence they resented the idea of a supreme power within the state.

• Similarly the christian church sought to Independent of royal authority.

• Hence during the middle age the existence of feudal structure of society and powerful church fathers didn’t prove conducine to the idea of sovereignty.

MODERN AGE:

• Rise of the modern national state in the 16th century gave rise to the idea of sovereignty.

• It was Machiavalli who for the first time talked about the supremacy of political power.

• After him Jean Berlin, a french philosopher assessed the theory of sovereignty and claimed that sovereignty is free from internal and external control.

• Thomas Hobbes, an Englishman, contributed to the theory of sovereignty in his book “Leviathan”.

• John Locke the English political philosopher asserted the existence of a “Supreme Power” behind the legardly established government.

• Jean Jacques Rousseau the three thinkers made a theory of sovereignty through his theory of “General Will” which means popular sovereignty.

•   Austin was the next person to provide a systematic theory of legal sovereignty.  The Austin theory of sovereignty has been proved legally.

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