Sovereignty Flashcards
Origin of the term sovereignty
The term sovereignty is derived from the Latin word “superanus” meaning supreme
What is sovereignty?
Supreme power of authority Sovereignty is primarily a legal concept. It denotes supremacy of the state primarily in the legal sphere.
Who was the 1st to formulate the concept of sovereignty systematically?
Jean Bodin , French writer, chief exponent
Explain jean bodin’s theory of sovereignty
He defined sovereignty as absolute and perpetual power of commanding in the state. Bodin places the sovereign above law because he himself is the source of law.
But limited by natural and divine laws
Two important limitations on the powers of the sovereignAccording to jean bodin
- Firstly, there are some fundamental laws, the sovereign could not lawfully abrogate such laws.
- Secondly, private property being granted by the natural law. The law of nature was inviolable. Therefore the sovereign could not Tax his subjects without their consent.
Who is the father of international law?
Hugo Grotius
Explain Hugo Grotius theory of sovereignty
He introduced the idea of external sovereignty to the existing idea of internal sovereignty and give it a fuller of shape. Like Bodin , he attributed moral responsibility to sovereign, but he extended it to the external sphere.
Thomas Hobes theory or sovereignty
Hobbes’s chief contribution to the theory of sovereignty, consist in adding an element of legitimacy to authority of the sovereign because he held that the sovereign is the product of the will of the people and a sovereign enjoys his supreme authority for its functional value that is by virtue of providing order, peace and security in place of anarchy and oppression
Who introduced a theory of popular sovereignty?
Jean Jacques Rouseau
Jeremy Bentham’s view on sovereignty
Famous English utilitarian argued that the sovereignty was not limited by law but was subject to moral limitation
Who is the greatest exponent of monistic theory of sovereignty
John Austin
Book- Province of Jurisprudence determined. 
John Austin’s monistic theory of sovereignty
Austin theory of sovereignty was influenced by the then prevailing conditions in England. The early utilitarians had sought to remove the anomalies of the common law by subordinating it to a superior law, which consisted in the universal and permanent dictates of natural reason, the state could neither ignore Nor abrogate that superior law. Repudiating these arguments and he advance his theory or positive law, which express the will of the legal sovereign of the state, and hence not bound by the dictates of natural law or any other superior law. Austin sought to define law as the command of the sovereign applying the subject to do or refrain from doing certain acts , failure to obey the law being visited by penalty.
Characteristic of law according to Austin
- It must emanate from a determinant source that is the sovereign to be clearly located in the state.
- It must be the expression of the command of the sovereign
- It must be backed by sanction. In other words disobedience to law must be punishable.
What is Salic law of France?
Excluding females from dynastic succession
What is positive law?
Positive law refers to the law that expresses the will of the sovereign, and that is duly enacted by a legitimate body and recognised by the judiciary
