Chapter 7 : Concept of Sovereignty

Concept of Sovereignty

[I] MEANING OF SOVEREIGNTY

WHAT IS SOVEREIGNTY?

• Etymology: Derived from the Latin word superanus, meaning supreme.
• Core Meaning: Refers to the supremacy or supreme power of the state, primarily as a legal concept denoting supremacy in the legal sphere.
• J.W. Garner (Introduction to Political Science, 1910): Defined sovereignty as 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."
• Nature of the Sovereign:
• Can be a monarch, chief executive, or an assembly.
• Empowered to declare law, issue commands, and take political decisions (determining public goals/priorities) binding on all individuals and associations within its jurisdiction.
• Commands physical force to punish disobedience.
• Acts at its own will, without requiring approval or consent from others.
• Internal vs. External Sovereignty:
• Internal: Supremacy of the state over all individuals, associations, and territory under its control.
• External: Independence of the state from foreign control or interference in international relations.
• International Equality: Theoretically, every sovereign state is equal in international law regardless of size or resources. The United Nations Charter is based on the "sovereign equality of all its Members" and reserves a sphere of "domestic jurisdiction" for each.
• Absolute but not Arbitrary: Sovereignty is absolute, unlimited, and perpetual. However, it is not intended to be exercised without reason, conscience, justice, customs, social values, or public interest. Ignoring these erodes the sovereign's legitimacy and authority. Legally, the sovereign is simply not obliged to consult others on whether a decision is right or wrong.

HISTORICAL DEVELOPMENT

• Ancient/Medieval Context:
• Aristotle discussed supreme power located in different bodies, but did not give the idea of sovereignty because he viewed ruler power as restricted by a higher law.
• Middle Ages: Unfavourable for the concept. The Emperor's power was limited by feudal lords (internally) and the Pope's claims to superior authority (externally).
• Emergence: Appeared at the dawn of the modern period.
• Feudal nobles were weakened by the Crusades (holy wars by Christians in Palestine against Muslims in…