Sovereignty –Monistic Theory

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Presentation transcript:

Sovereignty –Monistic Theory

TWO ASPECTS OF SOVEREIGNTY INTERNAL SOVEREIGNTY EXTERNAL SOVEREIGNTY

CHARACTERISTICS OF SOVEREIGNTY Originality Permanence Absoluteness Exclusiveness Universality Inalienability Indivisibility Unity Imperscriptibility

DIFFERENT KINDS OR FORMS OF SOVEREIGNTY NOMINAL OF TITULAR SOVEREIGNTY AND REAL SOVEREIGNTY DE-JURE AND DE-FACTO SOVEREIGN LEGAL SOVEREIGNTY POLITICAL SOVEREIGNTY POPULAR SOVEREIGNTY

DIFFERENCE BETWEEN POLITICAL AND POPULAR SOVEREIGNTY It is vague concept Popular sovereignty is not organised Lack of legal sanction behind it Absence of legitimate coercive power with people

THEORY OF LIMITED SOVEREIGNTY Natural Rights Natural Laws Religion Constitution Customs and Convention International law and Treaties Public Opinion Limitations put by different Associations

CHARACTERISTICS OF AUSTIN’S THEORY OF SOVEREIGNTY Sovereignty is an essential element of the State Sovereignty in the state must be Determinate Receives habitual obedience from the bulk of Society Sovereignty is Unlimited Sovereign is the only source of Law Sovereignty id Indivisible

CRITICISM OF AUSTIN’S THEORY Sovereignty is not always Determinate Sovereignty is Divisible Power of the sovereign are not Unlimited Laws are not always the command of the Sovereign Laws are obeyed because of their Utility

Hindrance in the way of international co-operation It is against democratic Principles Austin ignores Political Sovereignty It is dangerous Theory This theory is against the principle of Equality Criticism of this theory by pluralists

IMPORTANCE OF AUSTIN’S THEORY OF SOVEREIGNTY State us only source of Law Laws are enforced only by the State Stress on Unity Associations are not equal to the State

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