Define sovereignty and explain its characteristics. Definitions, Types and Characteristics of Sovereignty 2022-10-31
Define sovereignty and explain its characteristics Rating:
Sovereignty is a concept that refers to the supreme and independent authority of a state or government within its own territory. It is the highest power within a political community, and it is the ultimate source of legitimate power and authority within that community.
There are several characteristics of sovereignty that are important to understand. First, sovereignty is independent, meaning that it is not subject to the control or influence of any other state or government. This means that a sovereign state has the right to make its own laws, set its own policies, and make decisions that are in the best interests of its people.
Second, sovereignty is absolute, meaning that it is not limited or restricted in any way. This means that a sovereign state has complete control over its territory and its citizens, and it is not bound by any international laws or agreements.
Third, sovereignty is indivisible, meaning that it cannot be divided or shared with other states or governments. Each state has its own sovereignty, and no state can claim sovereignty over the territory or citizens of another state.
Fourth, sovereignty is inalienable, meaning that it cannot be transferred or delegated to another state or government. A sovereign state is responsible for the well-being of its citizens and the protection of its territory, and it cannot give up this responsibility to another state or government.
Finally, sovereignty is perpetual, meaning that it lasts indefinitely. A sovereign state has the right to govern itself and make its own decisions for as long as it exists.
In summary, sovereignty is the supreme and independent authority of a state or government within its own territory. It is independent, absolute, indivisible, inalienable, and perpetual. These characteristics are important to understand in order to fully appreciate the concept of sovereignty and its role in international relations.
What Is Popular Sovereignty?
Nobody can claim exemption from sovereignty of the state. For example, the conversion of the East Pakistan into Bangladesh has not affected the sovereignty of Pakistan, as a state. While the student of political science must give attention to the influences that create political sovereignty and to its relation to the legal sovereign, nevertheless it is the latter which, for purposes of scientific analysis, must be viewed as exercising the sovereign of the state. The constitution differs from other law in nature and in purpose, but not in legal validity. The call for the first populist sovereignty was reflected through protests against monarchy in the sixteenth and seventeenth centuries. Significantly, if a king or ruler breaks the terms of the "contract"—by taking away rights or taking away property without an individual's consent—it is the right of the people to offer resistance and, if necessary, depose him.
Popular Sovereignty Popular sovereignty means that sovereignty lies in the hands of the people. As human body, cannot be divided and its division is its death, equally division of sovereignty is its death Sovereignty is an integral body and its division is impossible. Every state in the world wishes to maintain peace. A law made by a subordinate lawmaking body, provided it has the legal right to make that particular law, is as truly law as the law made by the constitution amending body itself. Force is necessary only for the few who refuse to obey. The State being not the agent of society, does not exist for some specific purposes and with clearly donned functions. Soon legislation emerged as the chief source of law and the legislature got recognition as the Legal Sovereign i.
Describe, define, and explain the term sovereignty.
It will be observed that this theory is essentially a revival of the theory of natural rights and natural law under a different name, and that it has the defects inherent in that theory. The sovereignty of the state is absolute and limitless. Another topic to be considered is the nature of law since in that form the sovereignty of the state manifests itself. The law, therefore, becomes sovereign. Laski describes sovereignty as the power to express the will of independent nations, on which there is no need to be influenced by any external power.
Even under the federal system, sovereignty is not divided into federations and units, but their jurisdiction is divided concerning specified subjects. It is rigid and inflexible, yet is must be applied to an evolving pattern of inter-state relations. There is a very famous English saying: The Icing is dead: long live king. Initially social institutions began working on the basis of several accepted customs. The theory of popular sovereignty destroys the value of sovereignty as a legal concept. While a revolution is in progress, there are two rival claim am of sovereignty the former, legal, or de jure, sovereignty.
What is sovereignty and explain its characteristics?
It is not an exemption because if a country feels that this principle is being misused, it has every right to withdraw it. It represented in part a reaction against the strong, centralized, and paternalistic state of the latter nineteenth century and aimed at decentralization of authority and greater individual freedom. A king is an example of someone with sovereign powers. Sovereignty was defined as the absolute and perpetual power of the state. This theory was, of course, an abstraction, since sovereignty can be exercised only by persons acting through governmental organs, and not by the nation as a Collective whole.
Rousseau asserted that the will of the State is the will of the individual so far as he has accepted this identification of himself with the community, His real self, his real will becomes part of the common or General Will for the common good. Inalienability — An attribute of the state by virtue of which it cedes away any of its essential elements without self-destruction. Like the constitution making theory, it recognizes that sovereignty is a legal concept and can be exercised only through legal channels and in a legal manner. A more serious objection strikes at the mot of the apparent legality of this theory. It is said that the ambassador of a country, his residence and his embassy are exempted from the sovereignty of the state. Universality Universality is another characteristic of sovereignty; it means that the sovereignty of the State covers every individual, group and association within its boundary. One was nationalism, which added the claims of the nation to those of the sovereign people.
Sovereignty: Meaning and Characteristics of Sovereignty
As such equity acts as a source of law. Scientific commentaries jurists always help the development and evolution of law. Besides, there is much difference between the state and the government. In the latter case the theory shades off into anarchism. There is stability in the sovereignty of the state. It lays down the relations among the people and their associations, organisations, groups and institutions. Sovereignty of the state means the supremacy of the will of the state as expressed by its laws over all the individuals and associations within its boundaries and independence against all foreign control and intervention.
As he triumphed over his rivals in the struggle, sovereignty was ascribed to him. Laws are made and enforced by the government of the State. Types of Law: Broadly speaking there are two main kinds of Law: i National Law i. Like other law, it is an expression, of the sovereign will of the state and not a limitation upon it. It was natural that sixteenth century writers should identify the sovereignty of the state with the power of the monarch, since the struggle that gave rise to the conception of sovereignty was carried on by the king in order to establish his personal independence and supremacy.