what is sovereignty and explain its characteristics feature
Answers
Answer:
Sovereignty is the quality or state of being sovereign, or of having supreme power or authority. the status, dominion, power, or authority of a sovereign;royal rank or position; royalty. supreme and independent power or authority in government as possessed or claimed by a state or community.
Characteristics or Attributes of Sovereignty:
(1) Permanence:
(2) Exclusiveness:
(3) All Comprehensiveness:
(4) Inalienability:
(5) Unity:
(6) Imperscriptibility:
(7) Indivisibility:
(8) Absoluteness:
Explanation:
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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.
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.
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