is Sovereignty, Definition, Features & Characteristics

Sun, 02/10/2013 - 06:57 -- Umar Farooq

What is Sovereignty?
Sovereignty is one of the most essential and unique features of the state. It is
the ultimate and supreme law and policy making authority of the state. It is the
soul of state. It is that element of the state, whit distinguishes the state from
all, other associations. The word 'Sovereignty' is derived from Latin word
"Superanaus" which means supreme. Sovereignty (of the state) means the supremacy of
the will of the state as expressed by its laws over all the individuals and
associations within its boundaries and independence against all foreign control and
intervention. No people can form a state unless they sovereign. In other words
there can be no state without sovereignty.

Definition of Sovereignty
There have been a number of definitions of the term Sovereignty.

Aristotle says it is the supreme power in the state. According to Jean Bodin it is
the supreme power over citizens and subjects unrestrained by law.
Hugo Grotus, the Father of the International law, says it is the supreme political
power vested in him whose acts are not subjects to any other, whose will cannot be
over-ridden.
In short, we can say that sovereignty is the supreme, unlimited and absolute power
of the state.
Feature, Attributes & Characteristics of Sovereignty
Following are the some important features, attributes & characteristics of
sovereignty

Absoluteness or Unlimited

Absoluteness is an important attribute of sovereignty which means that there are no

limitations what so ever on the sovereignty of the state. All associations and
groups living and functioning within the state are under the control of the state.
There is no internal or external control over the state. Some writers do not agree
to this idea. They say that in the modern world such as omnipotent state cannot
exist. Besides, such a state would be very dangerous for international peace and
order.

Indivisibility

It means sovereignty cannot be divided. There is a famous saying to divide

sovereignty is to Destroy it Just as there cannot be half a human being or half a
triangle, so there cannot be half sovereignty. In 1971 East Pakistan separated from
East-Pakistan that is sovereignty divided.

Universality

Universality is another characteristic of sovereignty; it means that the

sovereignty of the State covers every individual, group and association within its
boundary. Nobody can claim exemption from sovereignty of the state. There is one
exemption to this rule. It is said that the ambassador of a country, his residence
and his embassy are exempted from the sovereignty of the state. This is called the
Principle of Extraterritoriality. Infact this is a concession and an exemption.
Every state in the world wishes to maintain peace. For this purpose they believe in
the freedom of the diplomats, without which it would not be possible for any state
to know what is being done in another state. Similarly every state wants maximum
concessions to its diplomats. So we can say that this principle is based on
understanding among the civilized nations. It is not an exemption because if a
country feels that this principle is being misused, it has every right to withdraw
it.

Permanence

Since the state is permanent institution, so its sovereignty is also permanent. In

very rare cases a state dies or becomes extinct. This happens in case of defeat or
conquests. Besides, there is much difference between the state and the government.
One remains permanent while the other changes. There is a very famous English
saying: The Icing is dead: long live king.

Exclusiveness

It means that within one state there can be only one sovereign. Even if there more
than one, there will be a struggle and a result of this one will exclude the other?
There is very famous saying: even if there are two riders, the reins will be in the
hands of one. In Persian they say there cannot be two swords in a sheath
(scabbard). Somebody has very rightly said that ten beggars can sleep in a blanket
but two kings cannot live in a kingdom.

Imprescriptibility

In civil law there is a provision that if ownership over a piece of property is not
exercised for certain period (15 years or 20 years) the ownership is lost. But
there is no such time period for the exercise of sovereignty of a state over a
particular area.

Inalienability

This means sovereignty cannot be transferred. Just like a person cannot transfer
his life without killing himself, so the state cannot transfer. It is sovereignty
without destroying itself.

Kinds of Sovereignty
Following are five kinds of sovereignty

Nominal and Real Sovereignty

Legal Sovereignty
Political Sovereignty
Popular Sovereignty
De Facto and Jure Sovereignty