UNIT 3
Sovereignty
Sovereignty is a major concept under the study of Austin’s Political Science. It is also interpreted as the main element of a state. The term sovereignty originated in the Latin language word supervenes that means ‘paramountcy.’ That is, it is the supreme power of a state which has the real power to take decisions in both internal and external matters.
There are several definitions of this. Some of them are as follows.
1. Willoughby - Sovereignty is the utmost desire of the state.
2. Bodo - "Sovereignty is the ultimate power over citizens and people, which is not controlled by law.
3. Austin -" If the maximum part of a society generally obeys the command of a certain head man. If that certain head is not to be ordained by any other head, then in that society that certain person is sovereign and that society is an independent state.
It is clear from Austin's definition that their interpretation is both historical and legal. He has made it clear that sovereignty is independent from both internal and external perspectives and without this we cannot even imagine the state.
John Austin was a scholar of England. He has explained the idea of sovereignty in his book Lectures on ‘Furispudense’. This book was published in 1852. His idea has been called the singularist or monotheistic theory of Sovereignty.
- The following features are revealed to us when we study Austin's sovereignty principle.
1. Originality- Austin's basic characteristic of sovereignty is its originality. This implies that there is no creator of sovereignty nor does anyone make it. Its existence is its own right. Thus, the real quality of sovereignty is originality.
2. Completeness- This is also a major feature of Austin's sovereignty principle. According to Austin Sovereignty is absolute and boundless. The orders of any sovereign state are absolute and limitless. Its authority is paramount, which is followed by the people of the state.
3. Durability - This is also a key feature of Austin's sovereignty principle. According to them, sovereignty is permanent. So as long as the state to exist, sovereignty prevails. It can never end. The ruler may have an end, but not the sovereignty.
4. Universal - This is a key feature of Austin's sovereignty principle. It is omnipresent to a certain extent of the state. No person can consider himself separate from sovereignty. The order and law of the sovereign applies equally to all. Austin believes that law is an order of sovereignty. All are obliged to follow the law of the sovereign.
5. Solicitude - This is also a major feature of sovereignty. Sovereignty is the soul of the state. The state cannot relinquish sovereignty under any circumstances because the existence of the state depends only on the sovereignty.
6. Independence - This is also a key feature of sovereignty told by Austin. Sovereignty does not depend on any other entity. It is completely independent from both internal and external perspectives.
7. Indivisibility - This is also a major feature of sovereignty. Sovereignty cannot be divided. There cannot be more than one supreme desire under the state. The division of sovereignty terminates the existence of a state.
Criticism - Austin's theory of sovereignty has also been widely criticized. This has been widely criticized by various critics, especially the pluralists. As such, Austin's theory emphasizes integration of the entity. But basis of democratic system is decentralization of entity. Therefore, it disregards public sovereignty. Among these, the names of Lauski, Maciver etc. are notable. Apart from this, it cannot be completely right to consider the law of sovereignty as mere order of sovereignty because this will give a boost to the dictatorial system. In addition to this, there is also a full work. Sovereignty cannot be expressed in your democratic times. Also, the division of sovereignty is essential in today’s federal governance.
So, Austin is not right to say that Sovereignty is inseparable.
Of course, we can say that although Austin theory of sovereignty can be criticized but the scientism and Scientifics are of its idea must be right. This shows its widespread importance. Multiculturalism or monotheistic theory of Sovereignty - With special reference to Lausky and Maciver.
As we know that sovereignty is a major notion of the study of political science. Apart from this, the state also has a dominating element. Without sovereignty, we cannot even curse the existence of the state. Two types of thoughts come to us. One singularist and the other pluralist. Austin and Hobbes are major supporter of singularism, whereas Lauski and maciver are the strong supporter of pluralism.
According to pluralist ideology, kingship is not sovereign and autocratic. The existence of many other communities existing in the society limits the kingship. A person not only accepts membership of the state to fulfil his needs, but also accepts membership of many communities and associations along with the state. In such a situation, the only state cannot be provided complete power. The uncontrolled form of sovereignty was accepted by most states of the world in the 17th, 18th and 19th centuries. But this recognition of his sovereignty was not compatible with the social, economic and political circumstances of the 20th century. Therefore, the theory of uncontrolled nagging or the principle of monolithic sovereignty became impractical, and instead pluralism was born, according to pluralism, the state was considered a union of unions and lordship was divided into several centres or parts. It believes in decentralization of entity. Its early pioneers were Giryak, McLand etc.
When we study the pluralistic idea of Lausky, the following things come to us.
1. Opponent of state supremacy - Lausky is an opponent of state supremacy. He does not accept the state above morality. he said” If unlimited persecution is provided to the state, then according to the singularistic theory of Hegal, there will be excessive divergence in the rights of the individual that will promote dictatorship rather than interest of a single person. Therefore, such a state's support is not justified;
2. State it is not the giver of rights - Lausky believes that the state is not the giver of rights. The right is natural and the state works to give recognition to it.
3. Decentralization of the powers of the state - Lausky believes that there will be universal development of all sections of society only if the power of the state is decentralized. Centralisation will lead to monopoly. Therefore, decentralization of powers is necessary.
4. Power is not the base of a state - Lauski believes that the power can never be the base of a state. He says that the base of the state is not power but responsibility towards the general public. He believes that there is no example of the kind of powerful state anywhere in the world which is envisioned by Austin.
5. Emphasis on International Organization: - In Lausky's ideas, by emphasizing on international organization, emphasis has been laid on paving the way for development of all nations through mutual cooperation by emphasizing on international cooperation and education.
6. Opposing the intervention of the state - Lausky believes that many communities and institutions work in society. All of them work well only if there is peace in the society. All the communities of the society can run their work smoothly at the same time, when the government does not interfere in the work of local institutions. Every government should only control local institutions, not interfere in their work.
7. State obstructs personality: - Uncontrolled sovereignty of the state is morally inappropriate. We obey the orders of the state because we fear the stalk given to us by the state. Therefore, the state is opposed to morality and hinders the development of personality.
8. Partial devotion to the state - Many institutions work in society. Different communities fulfil different needs of the individual. In this way, the persecution of society is federal. Therefore, mere supremacy towards the state is not appropriate from anywhere.
9. Inter-government and responsibility of the state and other communities: - There is a distinct difference between the state and other communities. The state has external power. He can use the power to make his work orders to get followed of but other communities do not have this external power and their basis is only morality.
Maciver: - The pluralistic theory of Maciver can be described as follows.
1. Opponents of Legal Sovereignty - Maciver consider the legal form of sovereignty to be formal. Legally, the state has unlimited power because it is the creator of the law but on this basis, he cannot become autocratic. He is critical of legal sovereignty.
2. Opponent of the singularist principle of sovereignty: - Maciver opposed to the monotheistic principle of sovereignty. He believes that singular sovereignty promotes autocracy. Also, for this reason, he supports the pluralistic system.
3. Community of State Communities - Maciver considers the state as community of communities. They believe that there are many communities in the state and they are also persecuted and they also have their importance. They do not consider the state higher than various communities.
4. State and Society: - The state has been opposed by the maciver to interpret political science on those Greek arguments under which both the state and society are considered one. According to him, there is a difference in state and society, which promotes pluralism.
5. Determination of the nature of the law is not only the state - according to Maciver, the state is not only the creator of the law nor is it higher than that. It is only the investigator and declarator of law.
Conclusion: We can say as a matter of fact that although the pluralistic system has been widely criticized by the soloists. Yet their contribution in the implementation of the democratic system is no less. In this regard, it is most appropriate to say by the famous scholar Sebil that wherever the state needs it, it is necessary to adopt a single-minded and pluralistic form as needed. This also shows the importance of this system.
