Concept and Definition of sovereignty Political Science B.A.,LL.B. 2013

Meaning of Sovereignty Sovereignty is one of the most essential elements of the state as there can be no state without it. The sovereignty is derived from the Latin word "superanus=super+anus." which means supreme power (super=supreme and anus=power). In Greek politic, sovereignty had been used to indicate supreme power of state.

Cont’d The modern term, The word sovereignty was first used by French Jurist Beaumanoir in the 15th century. He says: "The King is sovereign above all and we name him when we speak of the sovereignty which belong to him.

Conceptual Background of Sovereignty No concept of sovereignty in ancient time as it is understood in modern times, however, ancient books mention of an absolute authority within a state. In ancient Hindu philosophy the king was considered as the representative of god and he was simply to execute the laws given by god.

Cont’d In ancient Greek Thus, in Greek City States, State, the opinion of people was very powerful who express their opinion in General Assembly. Thus, in Greek City States, the sovereign power vested in the hand of people. They assembled at a fix place to pass laws, to handle the cases, to declare war and peace, and to give their verdicts on any matters of administration of justice. Roman Empire also worked in accordance with the opinions of the "comitia curiata" (assembly of all the able bodied persons of the state, which can be said a form of popular sovereignty.

Cont’d In Middle Age, In Feudal Age, In Reform period, Church became very powerful. The Pope of Rome became the central authority. In Feudal Age, Feudal landlords had used their power over tenants. In Reform period, Power went in the hand of King from Pope and King became free from any control from the Pope. Thus, in Reformation and Renaissance Era, the territorial state emerged. It was free from any external control and had absolute authority over its subjects.

Cont’d This authority of power of the state is known as sovereignty and the states having this power are called Sovereign States. The concept of Sovereignty came out in practice after reformation of state in modern form

Characteristics of sovereignty Absoluteness Sovereignty is absolute and unlimited. This means that neither within the state, nor outside, it is there any power which is superior to the sovereign.

Universality Universality is another characteristic of sovereignty. The sovereign is supreme over the persons, association and thing within the state. No person or body of persons can claim exemption as a matter of rights.

Permanent Sovereignty is permanent in the same way as the state itself is permanent. So long as the state lasts, sovereignty also lasts. The two cannot be separated from each other. Bearer of the power may be change, but their statuses obviously remain.

Inalienability Sovereignty is also inalienable. It cannot be transferred. The obvious reason is that if the sovereign transfers its supreme powers, it no longer remains the sovereign.

Indivisibility Sovereignty is indivisible. The reason is that if sovereignty is divided, there arises the possibility of two or more sovereign. Gettel says: if sovereignty is not absolute, no state exists. If sovereignty is divided, more than one state exists. Curtis says: it is manifest that there cannot be two supreme powers in the same community if both are to operate on the same objects.