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Sovereignty –Monistic Theory
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TWO ASPECTS OF SOVEREIGNTY
INTERNAL SOVEREIGNTY EXTERNAL SOVEREIGNTY
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CHARACTERISTICS OF SOVEREIGNTY
Originality Permanence Absoluteness Exclusiveness Universality Inalienability Indivisibility Unity Imperscriptibility
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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
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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
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THEORY OF LIMITED SOVEREIGNTY
Natural Rights Natural Laws Religion Constitution Customs and Convention International law and Treaties Public Opinion Limitations put by different Associations
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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
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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
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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
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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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