Discuss the characteristics of sovereignty.250 words
Answers
CHARACTERISTICS OF SOVEREIGNTY
Sovereignty is permanent, exclusive, comprehensive, inalienable, absolute and unified.
Permanence - So long as the state itself exists, sovereignty continues without interruption.
Exclusive - There can be but one supreme power in the state. Within the state, there is no other power that possesses equal or superior authority to it.
Comprehensiveness - Sovereign power extends over all persons, associations, and things within such territorial limits except those over which the state has voluntarily consented to waive the exercise of its jurisdiction.
Inalienability - An attribute of the state by virtue of which it cedes away any of its essential elements without self-destruction.
Absolutism - Sovereignty is a primary power. It does not derive its power from anything, There is no other body that determines the nature and the extent of the power as a matter of legal right.
Unity - Sovereignty cannot be divided without producing several wills of the people, which is inconsistent with the notiion of sovereignty.
The term “Sovereignty” has been derived from the Latin word “Superanus” which means supreme or paramount. Although the term “Sovereignty” is modern yet the idea of “Sovereignty” goes back to Aristotle who spoke of the “supreme power of the state”.
Characteristics or Attributes of Sovereignty:
According to Dr. Garner, following are the characteristics or attributes of Sovereignty:
(1) Permanence.
(2) Exclusiveness.
(3) All-Comprehensiveness.
(4) Inalienability.
(5) Unity.
(6) Imprescriptibility.
(7) Indivisibility.
(8) Absoluteness or illimitability.
(9) Originality.
(1) Permanence:
Permanence is the chief characteristics of sovereignty. Sovereignty lasts as long as an independent state lasts. The death of the king, the overthrow of the government and the addiction of power does not lead to the destruction of sovereignty.
(2) Exclusiveness:
By exclusiveness we mean that there can be two sovereigns, in one independent state and if the two sovereigns exist in a state, the unity of that state will be destroyed. There cannot exist another sovereign slate within the existing sovereign state.
(3) All Comprehensiveness:
The State is all comprehensive and the sovereign power is universally applicable. Every individual and every association of individual is subject to the sovereignty of the state. No association or group of individuals, however, rich or powerful it may be, can resist or disobey the sovereign authority.
Sovereignty makes no exception and grants no exemption to anyone.
(4)Inalienability:
Inalienability is another characteristic of sovereignty. Sovereignty is inalienable. By inalienability we mean that the State cannot part with its sovereignty. In other words, we can say that the sovereign does not remain the sovereign or the sovereign state, if he or the state transfers his or its sovereignty to any other person or any other state.
(5) Unity:
Unity is the very spirit of Sovereignty. The sovereign state is united just as we are united.
(6)Imperscriptibility:
By imprescriptibility, we mean that if the sovereign does not exercise his sovereignty for a certain period of time, it does not lead to the destruction of sovereignty. It lasts as long as the state lasts.
(7)Indivisibility:
Indivisibility is the life-blood of sovereignty. Sovereignty cannot be divided state, American statesman Calhoun has declared, “Sovereignty is an entire thing; to divide it is to destroy it. It is the supreme power in a state and we might just well divide it is to destroy it.
It is the supreme power in a state and we might just well speak of half square or half a triangle as half a sovereignty”.
(8) Absoluteness:
Sovereignty is absolute and unlimited. The sovereign is entitled to do whatsoever he likes. Sovereignty is subject to none.
(9) Originality:
By originality we mean that the sovereign wields power by virtue of his own right and not by virtue of anybody’s mercy.
hope this will help you.