The concept of sovereignty is fundamental to the understanding of modern political structures and governance. The nature of sovereignty implies that a state holds absolute and supreme power within its territory, overriding all other wills and associations. This sovereignty is the cornerstone of the state’s authority, both internally and externally, ensuring its independence and the uniform application of its laws. To fully grasp the nature of sovereignty, it is essential to examine its characteristics, its basis in law and consent, and the dynamics of power and resistance that define it.
Sovereignty Definition
Reflecting on the sovereignty definition, one may ask, “What does sovereignty truly mean in today’s context?” This question, posed by one of our readers, invites a deeper examination of how the sovereignty definition has evolved and how it continues to define the relationship between the state, its citizens, and the broader international community.
Sovereignty refers to the supreme power or authority that a state possesses, enabling it to govern itself without external interference. It is the defining characteristic that differentiates a sovereign state from other entities, granting it the power to create laws, enforce them, and maintain order within its territory.
Below are some of the most notable definitions of sovereignty provided by influential scholars and thinkers:
- “That characteristic of the state by virtue of which it cannot be legally bound except by its own or limited by any power other than itself.” – Jellineck
- “Sovereignty is the sovereign political power vested in him whose acts are not subject to any other and whose will cannot be overridden.” – Grotius
- “Sovereignty is the supreme power of the State over citizens unrestrained by law.” – Bodin
- “Sovereignty is the common power of the state, it is the will of the nation organized in the state, it is the right to give unconditional orders to all individuals in the territory of the state.” – Duguit, Droit Constitutional Vol. I, page 113
- “Sovereignty is the original, absolute, unlimited power over the individual subjects and overall associations of subjects.” – Burgess
- “Sovereignty is the supreme will of the state.” – Willoughby
- “Sovereignty is that power which is neither temporary nor delegated, nor subject to particular rules which it cannot alter, nor answerable to any other power over earth.” – Pollock
- “Sovereignty is the daily operative power of framing and giving efficacy to the laws.” – Woodrow Wilson
- “Sovereignty is the supreme, irresistible, absolute, uncontrolled authority in which the jurist summi imperi reside.” – Blackstone
- “Sovereignty is legally supreme over an individual or group; it possesses supreme coercive power.” – Laski
Nature of Sovereignty
The modern state is a sovereign entity, possessing supreme power over all individuals and associations within its territory. It establishes laws that are binding upon all, asserting its will as the ultimate authority. While other associations may have their own wills and may formulate opinions, the will of the state remains supreme. In cases of conflict, the will of the state overrides all other wills. The laws enacted by the state serve as the final word on any matter the state chooses to control. It issues orders to all individuals and associations within its territory, but it is subject to no external commands. This exemplifies the nature of sovereignty, specifically the internal sovereignty of the state. However, sovereignty also extends beyond internal supremacy; a state must be supreme externally as well. If a state is not independent in relation to other states, it cannot be truly sovereign, as sovereignty cannot be subject to the will of another. Thus, sovereignty is absolute, universal, and indivisible.
While laws do not create themselves or enforce themselves, there is always a person or a group in every independent political society that holds the supreme power to establish and enforce laws. Examples include the Indian President-in-Parliament and the British Parliament. These entities issue commands—laws—that are habitually obeyed,and they possess the power to enforce these commands through force if necessary. Nevertheless, this does not mean that sovereignty rests solely on force. The stability of a state does not depend on force alone. A sovereign cannot maintain order and enforce laws through force indefinitely. If that were the case, the most despotic rulers in history would have never been overthrown. People may obey the sovereign’s commands out of fear, but this is only a temporary solution. The nature of sovereignty is such that the laws of the state become truly effective when the people recognize the validity and justification of the state’s orders. Thus, the effectiveness of the law ultimately relies on the voluntary consent of the populace to obey it.
It follows that sovereignty does not imply that the actual policies of the sovereign organs are never influenced by popular opinion, nor does it mean that the powers of these organs are unlimited in the face of possible popular resistance. The nature of sovereignty does not suggest that it is unethical, anti-social, or impractical to criticize, disobey, or resist state authority. Rather, it implies that there must be, within the state as a legal association, a “power of final adjustment of all legal issues which may arise in its ambit.” The concept of sovereignty merely insists that the state is legally superior, and if its commands are disobeyed, it has the means to compel obedience through force. In democratic states, the use of force is less common than in despotic states, indicating that the nature of sovereignty can vary depending on the political context.
Wrapping Up
The nature of sovereignty is characterized by the state’s absolute and supreme power, both internally and externally. It is this sovereignty that enables the state to establish and enforce laws, asserting its will over all other entities within its territory. While force can be a component of sovereignty, the enduring stability and authority of a state depend largely on the consent of its people. The balance between force and consent is what defines the nature of sovereignty, making it a dynamic and complex aspect of statehood. Sovereignty, therefore, is not merely about power and dominance; it is also about the legitimacy and acceptance of that power by the people over whom it is exercised.