What are the fundamental characteristics of sovereignty that define the very essence of state power? Understanding these characteristics is crucial for grasping the nature of sovereignty, which represents the ultimate authority within a state. The essential characteristic features of sovereignty can be articulated as follows.
- Absoluteness: Sovereignty represents the supreme power of the state, meaning there can be no legal authority within the state that supersedes it. It is defined as “a legal power of settling finally legal questions in a legal way,” although it is bound by certain factors like morality. Thus, the supreme law-making power of the state is considered legally unlimited.
- Universality: The sovereign power of the state extends over all individuals and associations within its territory. However, foreign diplomatic representatives are not subject to the state’s control in which they reside. This is not considered a genuine limitation on the state’s sovereign power but rather a matter of international courtesy.
- Permanence: The sovereignty of the state persists despite the death or change of a particular leader or even the reorganization of the state. Sovereignty endures as long as the state itself exists, as it is an indispensable attribute of the state.
- Inalienability: Sovereignty is the supreme power of the state and is vital to its existence. Just as a person cannot transfer their life to another without ceasing to exist, the state would similarly cease to exist if it alienated its sovereignty.
- Indivisibility: Sovereignty is the highest authority or power in the state, a complete entity, and a unity. Dividing sovereignty would lead to the creation of multiple wills, which is inconsistent with the fundamental conception of sovereignty. As Jellineck stated, “A divided sovereignty is a contradiction in terms.” If sovereignty were to be divided and distributed among the state and other associations, it could ultimately lead to the disintegration of the state, or result in the establishment of a new sovereignty since ultimate authority must reside somewhere.
So, the characteristics of sovereignty—absoluteness, universality, permanence, inalienability, and indivisibility—define the supreme and ultimate authority of the state. These attributes ensure that sovereignty remains the fundamental and undivided power that sustains the existence and governance of the state.