“Sovereignty” Submitted by Asma Maqsood (510) Harmain Akhter (499) Tayyaba Yousf (485) Deen Sarfrz (489) Submitted to: Mam Nabila Class: Bs-Hons (mass communication) 3 semester.
“ORIGIN”
“Evolution of Sovereignty ”
“Definition”
“Dual Aspect”
“Titular and Actual sovereignty” Titular sovereignty Titular sovereign is one who enjoys all the legal powers in theory. Titular sovereign is one who enjoys all the legal powers in theory. The best example of a titular sovereign is afforded by the King or Queen of Great Britain. Actual sovereignty In actual practice his powers are enjoyed by some other authority. In actual fact, he or she is a ceremonial head because all the powers are exercised by the Cabinet and the Parliament. The Parliament of Great British is thus the actual sovereign because it enjoys real and effective authority.
“Legal and Political sovereignty ” Legal sovereignty Legal sovereignty represents the lawyer's conception of sovereignty. It is associated with the supreme law-making authority in the state. Political sovereignty T he body which has the power to issue final commands in the form of laws is the legal sovereign in a state. This power may be vested in one person or a body of persons. It may be a king or dictator or parliament.
“ De-facto and De-jure sovereignty ” De-facto sovereignty De-facto sovereign is one who has no legal claim to sovereignty but possesses it in fact and exercises necessary force to make and enforce its laws. De-jure sovereignty De-jure sovereign is one who has a legal claim to sovereignty but does not possess it in fact.
“Popular sovereignty ” Popular sovereignty or the sovereignty of the people's rule is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.
“Criticism”
“Attributes of Sovereignty”
“P ermanence ” 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 and the addiction of power does not lead to the destruction of sovereignty .
“Exclusiveness” By exclusiveness we mean that there can be two sovereigns, in one independent state and if the two sovereigns exist in a state, the unity of that state will be destroyed. There cannot exist another sovereign slate within the existing sovereign state.
“Originality” By originality we mean that the sovereign wields power by virtue of his own right and not by virtue of anybody’s mercy.
“Absoluteness” Sovereignty is absolute and unlimited. The sovereign is entitled to do whatsoever he likes. Sovereignty is subject to none.
“Indivisibility” Indivisibility is the life-blood of sovereignty. Sovereignty cannot be divided state, American statesman Calhoun has declared, “Sovereignty is an entire thing; to divide it is to destroy it. It is the supreme power in a state and we might just well divide it is to destroy it.
“All Comprehensiveness” The State is all comprehensive and the sovereign power is universally applicable. Every individual and every association of individual is subject to the sovereignty of the state. No association or group of individuals, however, rich or powerful it may be, can resist or disobey the sovereign authority.
“Inalienability” Inalienability is another characteristic of sovereignty. Sovereignty is inalienable. By inalienability we mean that the State cannot part with its sovereignty. In other words, we can say that the sovereign does not remain the sovereign or the sovereign state, if he or the state transfers his or its sovereignty to any other person or any other state.
“ Imperscriptibility ” By imprescriptibility, we mean that if the sovereign does not exercise his sovereignty for a certain period of time, it does not lead to the destruction of sovereignty. It lasts as long as the state lasts.
“Unity” Unity is the very spirit of Sovereignty. The sovereign state is united just as we are united.
Austin’s Concept Bodin Hobbes Bentham
Austin’s Concept “Lectures on jurisprudence” 1832
Austin’s Concept Three Implications
“Critical View”
“Limited powers” Two important repositories that exercise this authority, are political and legal sovereign but none of the two can claim the use of unlimited powers.
“Location of sovereignty” According to Austin, in every society sovereignty can be clearly located. No doubt, this view seems to be valid if applied to British political system. But in a federal system, no such authority can be located.
“Is sovereignty indivisible ?” From A ustin’s point of view sovereignty can not be divided. These are the governmental powers that stand divided and not the sovereignty of state.
“Pluralist’s Attack” This point of view was projected by the guild socialists in Britain and Duguit in France. Certain scholars of sociology, who considered state and government as mere branches of social life, also upheld the same view. Importance of Associations. Criticism.
“Nature of Law” Austin defined law strictly in legal sense and regarded coercion as the basis of law. Austin presented, in fact, purely juridical aspect of law and ignored the fact that laws take its raw material from sociological environments and from other sources such as religion and usages.
“State sovereignty and Internationalism”
“Islamic concept of sovereignty” “Lo! your lord Allah who created the heavens and the earth in six Days, then he mounted He the Throne-He covereth the night with the day, which is haste to follow it, and the hath made the sun and the moon and the stars subservient by His commands .His verily is all creation and commandment. Blessed be Allah, the lord of the worlds!”
“Ambiguity of all western concepts” In the modern democratic states, no institution can claim absolute power in the sense as was envisaged in the concept of sovereignty as expounded by Bodin, Hobbes, Rousseau and A ustin. They believed that absolute power in any human repository would lead to tyranny.
“Legal Sovereignty” It implies that in an Islamic state, Quran and Sunnah stand paramount. Whoso obeyth the Messenger obeyth Allah and whoso turneth away: We have not sent thee as a warder over them.(Quran 1V: 80 ) Verily in the messenger of Allah ye have a good example for him who looketh Allah and the last day, and remembereth Allah much.(Quran XX|||:21)
“ Islamic concept of sovereignty”
“Islamic concept of sovereignty” Implications: A society that consciously recognize Allah’s sovereignty in all spheres of life, can claim to be n ideal democratic society.
“Conclusion” This concluding chapter summarizes the current state of the positive international law of governmental illegitimacy, arguing that the absence of a meaningful ‘democratic entitlement’ in the international system ought not to be lamented. Though superficially attractive, assertions of new democratic legitimism pose serious dangers to international peace and security and democracy itself.