Transcript SOVEREIGNTY –MONISTIC THEORY

Sovereignty –Monistic Theory
TWO ASPECTS OF SOVEREIGNTY
INTERNAL SOVEREIGNTY
 EXTERNAL SOVEREIGNTY
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CHARACTERISTICS OF
SOVEREIGNTY
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Originality
Permanence
Absoluteness
Exclusiveness
Universality
Inalienability
Indivisibility
Unity
Imperscriptibility
DIFFERENT KINDS OR FORMS OF
SOVEREIGNTY
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NOMINAL OF TITULAR
SOVEREIGNTY AND REAL
SOVEREIGNTY
DE-JURE AND DE-FACTO
SOVEREIGN
LEGAL SOVEREIGNTY
POLITICAL SOVEREIGNTY
POPULAR SOVEREIGNTY
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DIFFERENCE BETWEEN
POLITICAL AND POPULAR
SOVEREIGNTY
It is vague concept
Popular sovereignty is not organised
Lack of legal sanction behind it
Absence of legitimate coercive power
with people
THEORY OF LIMITED
SOVEREIGNTY
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Natural Rights
Natural Laws
Religion
Constitution
Customs and Convention
International law and Treaties
Public Opinion
Limitations put by different Associations
CHARACTERISTICS OF
AUSTIN’S THEORY OF
SOVEREIGNTY
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Sovereignty is an essential element of the State
Sovereignty in the state must be Determinate
Receives habitual obedience from the bulk of
Society
Sovereignty is Unlimited
Sovereign is the only source of Law
Sovereignty id Indivisible
CRITICISM OF AUSTIN’S
THEORY
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Sovereignty is not always Determinate
Sovereignty is Divisible
Power of the sovereign are not Unlimited
Laws are not always the command of the
Sovereign
Laws are obeyed because of their Utility
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Hindrance in the way of international cooperation
It is against democratic Principles
Austin ignores Political Sovereignty
It is dangerous Theory
This theory is against the principle of
Equality
Criticism of this theory by pluralists
IMPORTANCE OF AUSTIN’S
THEORY OF SOVEREIGNTY
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State us only source of Law
Laws are enforced only by the State
Stress on Unity
Associations are not equal to the State