Concept of Sovereignty

Development of the Concept of the Concept of Sovereignty -

Aristotle - defined it as the supreme power of the state. He said the deliberative organ of the state and law should be sovereign respectively.

Romans viewed the law of the state as binding upon the citizens. Romans advocated for

  • Uniformity of law
  • Centralized administration
  • Common citizenship

Medieval ages -

  • There is no unified authority
  • Pope claimed superiority over the king
  • King was not sovereign
  • Barker calls it a 'Paradise of Estates'. King's competitors are the 'Estates'

Jean Bodin - Propounded the modern concept of Sovereignty. Sovereignty is defined as the Supreme power over citizens unrestrained by law. Citizenship is subjected to Sovereign. King is the Sovereign in Monarchy and in democracy it resides in popular bodies. Customary and Constitutional law and private property limited Bodin's Sovereign.

Hobbes - Absolute and unlimited Sovereignty. One limitation is that the Sovereign cannot command any individual to kill, wound, or maim himself. Unlimited Sovereignty theory is a necessary complement to his concept of individualism. Hobbes conceded the right to resist the Sovereign in case an individual's life is endangered.

Rousseau - Located Sovereignty in the people expressed as 'General Will'. General will and Sovereignty are interchangeable concepts. Sovereignty is based on the consent of the people. Sovereignty is unlimited, supreme, and absolute. He vested power in the community.

Hobbes and Rousseau laid the foundations for the totalitarian state.

John Locke -

  • Limited Government
  • Doctrine of Popular Sovereignty
  • Supremacy of Parliament
  • Constitutional government
  • Limited monarchy
  • Rule of Law
  • The government was based on the division of power and subjected to many limitations
  • The state is subservient to society
  • Legislature is supreme

French Revolution - Absolute and unlimited Sovereignty on the ground that people being Sovereign newly emerged nation states claimed total sovereignty. They also asserted their right to expand over others.

Hegel - Constitutional monarchy

  • King has the power to veto legislation
  • The state has the highest right over the individual and his freedom is the state's gift. 
Hegel glorified war.

Austin - Freed the State and Sovereignty from all the mysticism projected by Hegel. He advocated a legal view of Sovereignty in which sovereignty was absolute, unlimited, inalienable, and indivisible.

 




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