This document discusses the concept of sovereignty. It begins with an introduction that sovereignty became a central idea in modern political science and is derived from the Latin word "superanus" meaning supremacy. It then provides definitions of sovereignty from various scholars and outlines the key characteristics including permanence, universality, exclusiveness, inalienability, indivisibility, absoluteness and originality. The document also discusses the different kinds of sovereignty such as internal, external, nominal/real, legal, political, de jure, and de facto. It concludes with an explanation of John Austin's monistic theory of sovereignty and criticisms of this theory.

1. 1
by
Mahesh Jaiwantrao Patil
M.A (Political Science), M.Phil, NET, SET, P.hD (Pursuing)
Narayanrao Chavan Law College, Nanded (Maharashtra)
India.431602 Cell.No.09860816313
SOVEREIGNTY

2. 2
Content
 Introduction
 Origin
 Definitions
 Characteristics
 Kinds /Types
 Theory of Austin
 Conclusion

3. 3
Introduction
The concept of sovereignty became the main idea of
modern political science. The word sovereignty is
derived from the Latin word superanus which means
supremacy or superior power. Sovereignty is in
essence about the power to make laws and the ability
to rule effectively.
It is a legal concept .It is regarded as the most
significant & essential element of the State.
The state is regarded as supreme , having supreme
legal power over all individual and associations.

4.  It has power unrestrained to make laws,
issue commands & take decisions, which
are binding on all , within its jurisdiction.
 The sovereign has commending coercive
power to punish those who disobey its
orders & decisions.
4

5. Meaning
The term sovereignty has been derived from the
Latin word ‘ Superanus’ which means supreme.
It is supreme power of the State to take any decision
regarding with internal and external matters of the
country.
It makes a state independent & supreme.
It is internal supremacy & external independence.
It is free to make its own foreign policy decision
without any external pressure.
5

6. 6
Origin of the Term
Although the term “sovereignty” is modern, the
idea goes back to Aristotle, who spoke of the
“supreme power” of the state. The Roman jurists
and the civilians throughout the Middle Ages
likewise had the idea, for they frequently
employed the terms summa potestas and plenitudo
potestatis by which to designate the supreme
power of the state. The modern terms “sovereign”
and “sovereignty” (souverain, souverainete) were
first used by the French jurists in the fifteenth
century.

7. 7
Origin of the Term
Jean Bodin (1530-1596) in the sixteenth century
was the first writer to discus at length in his “Six
Books on the Republic” the nature and
characteristics of sovereignty. Originally
conceived as a personal attribute of the monarch,
sovereignty came in the hands of Bodin to be
regarded as a constituent element of the state.
Niccolo Machiaveli (1469-1527), Thomas Hobbes
(1588-1679), John Locke (1632-1704),and
Montesquieu (1689-1755) are also key figures in
unfolding the concept of sovereignty.

8. 8
Definitions
 Jean Bodin:-
“the supreme power of the state over citizens and
subjects, unrestrained by law”.
 Hugo Grotious :-
“the supreme political power vested in him whose
acts are not subject to any other and whose will
cannot be overridden”.
Jellinek :-
“that characteristic of the state by virtue of which it cannot
be legally bound except by its own will, or limited by any
other power than itself”.

9. 9
Definitions
Duguit:-
“commanding power of the state; it is the will of
the nation organized in the state; it is the right to
give unconditional orders to all individuals in the
territory of the state”.
Burgess:-
characterizes it as “original, absolute, ultimate power over
the individual subject and all associations of objects. Again
he calls it the “underived and independent power to
command and compel obedience”.

10. 10
Characteristics
Permanence
 Permanence is the chief characteristics of sovereignty.
 Sovereignty lasts as long as an independent state lasts.
 The death of the king , the overthrow of the
government does not affect sovereignty.
 It rests with the state as long as the State is
independent. State & sovereignty can not be separated
from each other.
 It is permanent in that it exists as long as the state
exists. The ruler can be died but the state is permanent

11. 11
Characteristics
Universality
 The state is all comprehensive and the sovereign
power is universally applicable.
 No association or group of individuals, however
rich or powerful it may be , can resist or disobey
the sovereign authority.
 Every individual and every association of
individual is subject to the sovereignty of the state.
 Sovereignty makes no exception and grants no
exemption to anyone.

12. Continued….
 It is all comprehensive & universal.
 The state authority extends to all persons,
things , groups & association within its
territory without any exception.
 It is a master & others are its sub-
ordinates.no one has either authority , or the
capacity to challenge its power.
12

13. 13
Characteristics
Exclusiveness
 By exclusiveness is meant that there can not be two
sovereigns in one independent state.
 If two sovereigns exist in a state, the unity of that
state will be destroyed. There can not exist another
sovereign state within the existing sovereign state.
Inalienability
 Sovereignty is the life and soul of the state and it can
not be alienated without destroying the state itself. ss

14. Continued…….
 It means that sovereignty can not be transferred to
any one other body without destroying.
 It can not be separated from itself.
 Alienation of sovereignty by a state would mean
destruction of the state itself- “No sovereignty, no
state ”.
 If a sovereign resigns, it does not imply alienation
of sovereignty . It amounts to merely a change in
the form of government. The government is only an
agency to execute the will of the sovereignty.
14

15. 15
Characteristics
Indivisibility
 Sovereignty can not be divided into parts. The
exercise of its powers may be distributed among
various governmental organs, but sovereignty is a
unit, just as the state is a unit.
 “Sovereignty is entire thing to divide it, is to destroy”
because it represents supreme will of the state.
 Once it is divided , it no more remains a will.
 There can not be two sovereign in a state.

16. CONTINUED…..
Unity
 Unity is very spirit of sovereignty. The
sovereign state is united just as we are
united.
16

17. 17
Characteristics
Absoluteness
 Sovereignty is absolute and unlimited.
 There can be no legal power within the state
superior to it, and there can be no legal limit to the
supreme law making power of the state.
 Sovereignty can not be limited or restricted by any
superior power within the State or outside the
State.
 The sovereign is neither dependent nor
accountable to anyone. Within the state , the will
of the sovereign is supreme.

18. Continued……
 It can make laws, amend or repeal them. it can
amend the constitution. It can use coercion for
the execution of laws within its territory.
 There is no outside authority to pressure on State.
It is not bound any international treaties ,even if,
it has been a party to them.
Originality
By originality we mean that the sovereign wields
power by virtue of his own right and not by virtue
of anybody’s mercy.
18

19. 19
Kinds of Sovereignty
Internal sovereignty
 Sovereignty is normally understood as possessing two
distinct aspects: internal and external.
 Sovereignty within the national sphere is known as
internal sovereignty.
 A state which possesses internal sovereignty is one
which has the authority and ability to exercise
command over its society.
 In this situation there are no alternative sites of
authority within the nation.

20. 20
Kinds of Sovereignty
External sovereignty
 External sovereignty concerns the relationship
between a sovereign power and other states.
 The term external sovereignty is employed by
some writers to mean nothing more than the
freedom of the state from subjugation to or control
by a foreign state.
 That is supremacy of the state as against all
foreign wills, whether of persons or state.

21. 21
Kinds of Sovereignty
Nominal & Real Sovereignty
In ancient times many states had monarchies and
their rulers were monarchs. They wielded absolute
power and their senates were quite powerless. At
that time they exercised real sovereignty and
regarded as real sovereign. For example, Kings
were sovereigns and hence were all powerful in
England before fifteenth century, in USSR before
the eighteenth and nineteenth centuries and in
France before 1789.

22. Titular(Nominal ) & Actual (Real) Sovereignty:-
Titular sovereignty implies sovereignty in the ‘title’
or by designation.
A titular Sovereign is supreme only in name. Ex: The
king of England, Indian President , their powers are
exercised by the Prime Minister & the cabinet.
Actual sovereignty means real executive which
possess real power of state.
Ex: P.M of India, U.K & President of U.S.A
22

23. 23
Kinds of Sovereignty
Legal Sovereignty
 Legal sovereignty is the supreme law-making
authority.
 The legal sovereign, therefore, is that determinate
authority which is able to express in legal form the
highest commands of the state.
 For instance, the parliament is the legal authority
to exercise legal sovereignty.
 Only its commends are laws. It is recognized by
law. It reside in one person or body of persons.

24. 24
Kinds of Sovereignty
Political Sovereignty
 It is vested in the body of citizens who have a
right to vote. it is supreme in democracy.
 Its will is expressed through election & public
opinion. It influences the decision, policies & laws
made by the legal sovereign.
 The legal sovereign has to act according to the
will of the electorate. Electorate is a political
sovereign.
 the electorate constitutes the political sovereign,
yet in a wider sense

25. 25
Continued……..
 It means the power of the masses as contrasted
with the power of the individual ruler of the class.
 It implies manhood, suffrage with each individual
having only one vote and the control of the
legislature by the representatives of the people.
 In popular/ political sovereignty public is regarded
as supreme.
 In the ancient times many writers on Political
Science used popular sovereignty as a weapon to
refuse absolutism of the monarchs.

26. Difference between Legal & Political
Sovereignty
Legal
 Legally, it is a
supreme law making
body.
 It is definite,
determinate, precise &
organized.
 It is vested in one
person or body of
persons.
Political
 It does not make laws
but its will is
expressed in law.
 It is indefinite , vague
& unorganized.
 It is vested in the
people who express
their will through vote
i.e. electorate.
26

27. CONTINUED……
 Legal sovereignty is a
juristic concept. It is
recognized by courts &
law.
 Legal sovereign has to
respect & accept the
will of the political
sovereign.
 Judges know nothing about
the ‘will of the people’.
Political sovereignty is not
recognized by courts & law.
 It is a duty of political
sovereign to obey rules ,
order, commands, regulation
& laws given by the legal
sovereign.
27

28. Continued…..
 Legal sovereign is
chosen or elected by
the political
sovereign. It is a
representative of the
political sovereign
 Political sovereign is
Electorate or people. .
28

29. 29
Kinds of Sovereignty
De jure Sovereignty
 De jure sovereignty is the legal sovereignty
and it has foundation in law.
 Its attribute is the right to govern and command
obedience.
 It is source of law & has a legitimate claim to the
obedience of its subjects. It is a legal sovereign.
 it has legal right on its side and is lawfully entitled
to command and exact obedience.


30. 30
Kinds of Sovereignty
De facto Sovereignty
 It is the actual sovereign – a sovereign which is
actually obeyed by the people. It is purely based
on physical force or religious influence.
 De facto (or actual) sovereignty is the sovereignty
which is actually able to make its will prevail,
though it may be without legal basis.
 That person or body of persons who actually
exercises power, and who, for the time being, is
able to enforce obedience, or to whose commands
voluntary obedience is given by the bulk of the

31. people, is called the de facto sovereign. The criterion
of sovereignty is actual obedience to commands.
31

32. 32
Theory of Sovereignty
Austin’s theory of Sovereignty
Monistic Theory
 John Austin (1790-1859) was an eminent English
jurist. He is regarded as the greatest exponent of
the theory of legal sovereignty. He explained this
theory in his famous book, ‘Lectures on
Jurisprudence’, published in 1832, explained
monistic theory of sovereignty.
 His theory is also referred to as the ‘Monistic
Theory of Sovereignty’ because he regarded the
state as the only supreme authority.

33.  He defined sovereignty as, ‘if a determinate
human superior, not in the habit of obedience to a
like superior, receives habitual obedience from the
bulk of a given society, that determinate human
superior is the sovereign in that society, and the
society (including the superior) is a society
political and independent.”
33

34. Main theory :-
 His theory of sovereignty was based on the
theories of Hobbes & Benthem. This theory is
based upon his view of law. In his view, “ Law is
a command given by a superior to an inferior.”
 Monism is a philosophical term which means
‘single’. The monistic theory confers on the state “
a unitary sovereign power, either as the direct
source of all political authority as such or as
source of all legal authority”.
34

35.  “ If a determinate human superior, not in the habit
of obedience to a like superior, receives habitual
obedience from the bulk of a given society, that
determinate superior is sovereign in that society
,& that society (including the superior) is a society
political & independent”.
 Every positive law or every law simply & strictly
so called, is set, directly by a sovereign person or
body of independent political society wherein that
person or body is sovereign or supreme.
35

36.  The commend of the sovereign is law. He
established the state as the single source of law.
Two marks:-
Negative
 He is not in habit of obedience to any political
superior.
Positive:-
 He must command the habitual obedience from
bulk of his subject. This is called positive mark.
36

37. 37
Monistic Theory
Few major points about this sovereignty is:
 The power of the determinate human superior is
sovereignty.
 The determinate human has no rival of equal status in the
state and nor does he obey the order of anyone.
 The determinate human superior is the only law maker.
His commands are laws and without him the state can
have no laws.
 The bulk of the people obey sovereign’s command as a
matter of habit.
 A society without sovereignty can not be called a state.

38.  Most of the people obey the sovereign’s order as a
matter of regular habit.
 Sovereignty is essential in the state.
 That sovereignty reside in a ‘determinate human
superior’.
 In every independent political community there is
some single person or body of persons who
exercise sovereign power.
 That sovereignty is absolute & unlimited.
 Sovereign must be a determinate authority.
38

39. 39
Monistic Theory: Criticism
Austin’s theory has been criticized on many grounds,
which are as follows:
 This theory is inconsistent with the present-day popular
sovereignty-a doctrine which lies at the basis of modern
democratic state.
 It ignores the power of public opinion and political
sovereignty.
 It ignores the great body of customary law which has grown
up through usages and interpretation, and which never had
its source in the will of determinate superior.
 Force is not only sanction behind laws.
 This theory makes the sovereign completely absolute.

40. State as useful instrument:- It ignores the
realistic theory of the State. State is a useful
instrument for the promoting social good that’s
why laws are obeyed by people.
Not Absolute:- sovereign is not absolute because
even despotic rulers could not violate custom and
basic rule of society.
Ignore political & popular sovereignty:- it
ignores political & popular sovereignty. In a
democratic state legal sovereignty is a instrument
to express the will of the political & popular
sovereignty 40

41. Inapplicable in religious countries: it is
inapplicable to underdeveloped communities
where customs & religious opinion are powerful
forces. The greatest King can not issue
commands which are opposed to custom,
traditions & religious beliefs of the people.
Difficult to find an unlimited sovereign:-
Experience tells us that it is difficult to find an
unlimited sovereign. In the U.S.A. , it is neither
the President nor the Congress. Both exercise
control on each other. 41

42. No habitual obedience regular :habitual
obedience to sovereign is not regular &
continuous always. It can only be causal &
occasional . It is rendered and occasional. It is
rendered visibly in times of public ceremonies.
42

43. 43
Conclusion
Nation states still matter. They are the sources of
power with which most people readily identify.
Power becomes meaningful only in reference to
sovereignty. Moreover, terms like community
obligation legitimacy, authority, state government
and constitution ...all are integrated and made
coherent by the concept of sovereignty. It is a
unifying theory, not a simple description. It is a
doctrine which deals with facts of political life,
and not fantasies.