The national and international politics in the present age are greatly influenced by the idea of sovereignty. Civil society’s relations with the state are facing changing circumstances, and the quality of the state is entrenched at that time in sovereignty.
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What is Sovereignty?
The word sovereignty means ultimate power. It is in this capacity that the state is independent and in this capacity, the state points to differences with other organizations.
What is the identity of the state in modern society? What are the relations and activities of states in the background of the larger world? To deal with such questions, it is necessary to have a sound understanding of the sovereignty of the state. That means you have to know the Meaning, Characteristics, And Types of Sovereignty.
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Meaning and Definitions of Sovereignty
The English word Sovereignty comes from the Latin word ‘Superanus’ which means extreme or superficial. Although the term sovereignty is of the modern age, the concept of the word has been around since the time of Aristotle. Aristotle has repeatedly used the word extreme power of the state.
Jean Bodin was the first political thinker who uses the term Sovereignty in his famous book called ‘The Republic. He meant sovereignty, the ultimate power of a state founded on citizens and subjects that is not regulated by law.
According to Hugo Grotius, Sovereignty is the supreme political power entrusted to a person who is not under anybody else and whose will is impossible to violate.
To Hobbes, The king or ruler created by the social contract has sovereign power. The power of the ruler was uncontrollable, his order was the law. The ruler of sovereign power was the source of all laws and restrictions. He describes sovereign power as the ultimate, indivisible, non-transferable, and free from all external control.
Locke’s theory found the basic idea of limited monarchy and mass sovereignty. According to him, people possess real political power; the ruler is just their guardian. According to Locke’s second agreement, it was clearly explained to the ruler that the governed people were able to control the power of the ruler, even, if necessary, to overthrow the ruler.
According to Rousseau, Sovereign power is supreme, indivisible, non-transferable, permanent, and united. The source of this power is the people. No mention of the king or ruler can be found in his social contract theory.
Bentham noted a close relationship between individualism and state sovereignty in terms of the philosophy of utilitarianism. According to him, there exists an unlimited sovereignty of the state by which the state enacts laws for the greatest happiness of the greatest number of people.
According to Harold Laski, sovereignty is the ultimate power of the state to exercise power over individuals and groups within the state.
The most important definition of sovereignty is given by John Austin. John Austin in his book ‘The Province of Jurisprudence Determined’ said that, If there is a specific authority in a particular society, or those who are not loyal to any other authority, but have the general loyalty of all the people of that society, then that superior authority is called sovereign and the society with that sovereign authority is an independent and political society.
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Characteristics of Sovereignty
In view of the above discussion of sovereignty, we find some characteristics of sovereignty.
- The sovereign authority is the ultimate. There is no upper limit to this authority over citizens and subjects.
- Sovereign power is eternal and unlimited powers. Sovereignty cannot be limited at certain grounds.
- Sovereignty is above the law and is not regulated by law. It is for this quality that the state can legislate. So the law does not have the right to control sovereign power.
- Sovereignty is a fundamental power, not a given power. God or the Pope did not hand this power over to the state. The power of the people is the only source of this fundamental power.
- The sovereignty of the state is unalterable. This infinite power cannot be separated from the state. State authority cannot transfer this extreme power permanently or temporarily to a person or organization within its geographical boundaries.
Types of Sovereignty
To understand how the concept of sovereignty is used, it is important to have a clear idea of the different types of sovereignty. The sovereignty of the state can be divided into several types as follows:
- Titular Sovereignty
- Internal and External Sovereignty
- Legal and Political Sovereignty
- De Jure and De Facto Sovereignty
- Popular Sovereignty
1. Titular Sovereignty
The titular sovereign is just only ruler by name, but in reality, is not capable of exercising any effective power. The Queen of Britain, the King of Japan, and the President of India – all of them are examples of Titular sovereignty.
From the point of view of the law, they are described as the highest source of state power, a symbol of unity and tradition of the country, possessing the highest honor, etc. but the people belonging to the real sovereign power.
2. Internal and External Sovereignty
it is one of the important types of sovereignty. Internal sovereignty means the sovereign power of the state by which the state exercises ultimate power over all persons, groups, and institutions within it. The law is the ultimate order of the sovereign within the geographical boundaries of the state. According to this law, the affairs of the state are governed. The state can impose severe punishment on the lawbreaker by calling it an internal sovereign.
External sovereignty refers to the sovereignty of the state by which no foreign state will be attacked by a foreign state. Even if attacked, the affected state will be able to make a complaint to the UNO and seek the help of the UNO, by asserting external sovereignty. That is, the external sovereignty of the state means that the state is free from outside control of the external power or the dynamical state. One state is completely free from the will and control of another state.
If a state tries to exercise its ultimate power beyond the geographical boundaries of its own state, it will become a name for imperialist efforts. External sovereignty means that we have the freedom to establish diplomatic relations with the other sovereign state and to determine foreign policy accordingly.
3. Legal and Political Sovereignty
Legal sovereignty is the ultimate power of the state by which the state legislates and enforces it. Legal sovereign power is the unrestricted power of the state; no one can disobey it. Britain and India have the legal sovereign powers, respectively the British Parliament and the Indian Parliament. This sovereignty is seen as the ultimate power of the legislative body.
The existence of political sovereignty is not public. Generally speaking, the electorate has political sovereignty. The legal sovereign is elected by the political sovereign. The will of the political sovereign transforms itself into a legitimate sovereign law. Influenced by public opinion and public reaction, the legal sovereign takes its decision.
4. De Jure and De Facto Sovereignty
From French de Jure to legalism and from De Facto to real sovereignty came two. The difference between the two is this – in the view of the law, the ruler, in fact, the ruler may not be entitled to rule. That is, he may have virtually lost the right to state rule even though the rule of law is approved. The rule of law may not be authorized by law even if the powers of the governing body are occupied in reality or in the workplace.
5. Popular Sovereignty
Popular sovereignty means that sovereignty lies in the hands of the people. The basis of the governing power of the government is public support. The call for the first populist sovereignty was reflected through protests against the monarchy in the sixteenth and seventeenth centuries.
In the glorious revolution (1688) of England the partial establishment of the sovereignty of the people was noticed. In John Locke’s Two Treatises on Civil Government, it is clearly declared that the king’s rule depends on the consent of the people.
The demand for the sovereignty of the people was eloquent in the French Revolution. Rousseau’s thought also matches the obvious identity of Popular Sovereignty. General Will is Sovereign – Rousseau said this for the first time.
Sovereignty policy became popular even in American independence (1776). The October Revolution (1917) in Russia and the People’s Revolution in China (1949) mark two successful steps toward establishing the sovereignty of the people.
In Popular Sovereignty we understand the following characteristics:
- Party systems and elections are the sources of governance. Public participation will remain active in all government departments, including the administration.
- The basis of the election will be the universal adult franchise.
- People will govern the government, directly or substantially.
- The goal of the sovereign will be the welfare of the people and the establishment of democracy.
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The Challenges of Sovereignty in the Age of Globalization
In modern times politicians are often saying that today, the power of making state policy is not fully controlled by any sovereign state. International events determine what is the national policy of a country.
So, sovereignty is facing various challenges. Such as;
The World Economy
Production, distribution, exchange, and trade are so international that it is not possible to set policies individually in favor of national states. Industrialization has increased economic dependence which reduced the sovereignty’s power. Poor or developing countries depend on rich countries for advanced technology and financial capital.
Domination and cohesion of larger powers
The advent of global domination and military alliances of a handful of major powers has jeopardized the sovereign and individual existence of the national state. Membership in NATO naturally affects the foreign and counterinsurgency policies of European countries. This type of joint security firm is against the idea of a traditional sovereign state.
International Organization
A key feature of the present world is the emergence of numerous international organizations. A variety of regulatory bodies have been developed for various disciplines like space, ocean, commerce, and so on.
With the formation of those international and multinational companies, world politics has undergone many changes in the decision-making process. For example, the International Monetary Fund (IMF) imposes a number of conditions on borrowing to third-world countries – such as reducing government spending, depreciating currencies, and stopping subsidies. Needless to say, this national condition undermines the economic sovereignty of third-world countries.
International Law
The restrictions and regulations of international law affect the national state. Although there is controversy over the compelling nature of international law and many describe it as a courtesy call, not a law, its role in world politics is not at all unimportant.
Although the ancient concept of sovereignty does not exist today, a definition of sovereignty can be given in the 21st century. This modern sovereignty can be called cooperative sovereignty.
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