Meaning of Sovereignty

What is Sovereignty?

• Sovereignty is regarded as an essential element of the state. 
• The term ‘Sovereignty’ derived from the Latin word ‘superanus’ meaning supreme.  
• In the present context, sovereignty refers to supremacy or supreme power of the state. 
• J.W. Garner, in his introduction to political science (1910), had defined sovereignty as that ‘characteristics of the state by virtue of which it cannot be legally bound except by its own will or limited by any other power than itself’. 
• All classical definitions of sovereignty focus on supremacy of the state in the legal sense. 
• The basic idea is that the sovereign – be it monarch, chief executive or an assembly – is able to declare law, issue commands and take political decisions. 
• Each sovereign state is equal to every other in international law. 

“International Law – A set of general principles and specific rules which are duly recognized by the members of the international law is primarily concerned with the regulation of their mutual relations, peaceful settlement of their disputes, and the rights of belligerent as well as neutral nations during the times of war.”

• The concept of sovereignty attributes supreme power to the will of the sovereign, it is by nature an absolute, unlimited and perpetual power. 

“Perpetual – Continuing for a long period of time without stopping.”

Historical Development 

• Jean Bodin, a French writer of the 16th century, was the first to formulate the concept of sovereignty systematically. 
• In ancient days Aristotle had talked of supreme power located in different bodies according to the form of government, he had not given the idea of sovereignty because in his view, the power of the ruler or ruling body was restricted by law which existed above them. 
• Conditions in the Middle Ages were not favourable to the development of the concept of sovereignty because the emperor’s power was limited on the one side by the rights of the feudal lords and on the other side by the claims of the Pope to superior authority. 
• Towards the end of the medieval period a number of causes combined to create new political ideas.  
• The feudal nobles were weakened by the crusades and by their own quarrels. 
• Commerce and growth of towns destroyed their monopoly of wealth; new methods of warfare destroyed their military supremacy. Taking advantage of their weakness, the king increased his power and importance until he became supreme in the state. 
• The ruling monarchs of national states like England and France has achieved a degree of unification and centralization of authority never attained before, so that they freed themselves from control of Pope as well. 
• Thus, the ground has been prepared for the development of the theory of sovereignty. 
• Jean Bodin, who held Henry III, King of France, in highest esteem, became the chief exponent of this theory.