Concept of political and legal sovereignty pdf
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- Austin’s sovereignty theory and its relevance in modern Indian political and legal environment
What counts as sovereignty depends on the nature and structure of the international legal order and vice-versa.
This chapter explores the concept of the state, looking at various theories of the state and identifying its major characteristics and then how far real states measure up to these characteristics. It identifies different 'types' of state in political theory and looks at the major challenges to practical state sovereignty in the modern world. The challenges include the structure of international society; the impact of globalisation; the spread of weapons of mass destruction; the growth of informal ties; the rise of new international actors; and neo-colonialism. State sovereignty has always been predicated upon political power: the practical ability of the state to defend its sovereignty against internal revolt and external enemies. The chapter examines the issue of whether the state is still as fundamental a political institution.
Sovereignty in International Law. Abstract: We aimed at highlighting in this paper, after analyzing the transformations that took place in the international society, the importance of a particularly sensitive and current topic for public international law, namely the sovereignty. A political and legal concept at the same time, the state sovereignty remains permanently into the attention of researchers in an attempt to determine its role in international relations governed by the international law. The concept of sovereignty is complex, it can be analyzed in terms of the national law, but as a member of international society, a State participates in international relations on the basis of sovereign equality principle, which causes another meaning of sovereignty, which completes the one specific to the internal life. We have analyzed the evolution of the concept of sovereignty and we have identified the causes that led to changes in its characteristics, in order to predict the tendencies in its development. We have highlighted the aspects of the exercise of sovereignty as a result of limiting the powers of state in the favor of international bodies.
Legal sovereignty is the conception of sovereignty in terms of law, and it refers to that person or body of persons who, by law, have the power to issue final commands. In every State there must be some authority which is determinate and visible in the sense that it should command all and the people may appeal to it as the final authority. Such an authority is known as the legal sovereign and the authority of the legal sovereign is supreme and final over all individuals and associations. No individual or group of individuals has the legal right to act contrary to the decisions of the sovereign power, even if such decisions override the prescriptions of divine law, the principles of morality, or the mandates of public opinion. The courts recognize and apply only that law which emanates from the legal sovereign and disobedience to such a law is accompanied by punishment.
Sovereignty , in political theory, the ultimate overseer, or authority , in the decision-making process of the state and in the maintenance of order. The concept of sovereignty—one of the most controversial ideas in political science and international law —is closely related to the difficult concepts of state and government and of independence and democracy. However, its application in practice often has departed from this traditional meaning. In 16th-century France Jean Bodin —96 used the new concept of sovereignty to bolster the power of the French king over the rebellious feudal lords, facilitating the transition from feudalism to nationalism. The thinker who did the most to provide the term with its modern meaning was the English philosopher Thomas Hobbes — , who argued that in every true state some person or body of persons must have the ultimate and absolute authority to declare the law; to divide this authority, he held, was essentially to destroy the unity of the state.
Austin’s sovereignty theory and its relevance in modern Indian political and legal environment
The author has acknowledged the sources from where some facts have been taken for educational purposes. John Austin — was born in the United Kingdom. He was the founder and father of the Analytical school of law. In his initial career, he has served in the army for 5 years and also in the chancery bar of the UK. In , he was appointed as the professor of jurisprudence at the University of London.