Garcia, Christiene Marella A

BPA 1-2
Introduction to Political Science
Chapter 3: The Concept of Sovereignty
What is Sovereignty?
The term sovereignty is derived from the Latin word Superanus meaning
supreme.
1. Jean Bodin absolute and perpetual power of commanding in a stat. It is
supreme power over citizens and subjects unrestrained by law
2. Pollock Sovereignty is the power which is neither temporary nor delegated
nor subject to particular rules, which it cannot alter, nor answerable to any
other power on the earth
3. Burgers original absolute unlimited power over the undivided subjects and
over all associations of subjects. It is the underived and independent power to
command and compel obedience
4. D.F. Russell the strongest power and supreme authority within a state,
which is unlimited by law or anything else
5. Laski legally supreme over any individual or group. It possesses supreme
coercive power.
Based on the description given above we can conclude that Sovereignty is an
essential element of the state.
Two aspects of Sovereignty
a. Internal Sovereignty - the power of the state in controlling its domestic or
internal affairs without having to rely on external or outside help or
without intervention from outside forces like other state and international
organizations
b. External Sovereignty - the capacity of the state to relate itself with other
states in pursuing its interests. External Sovereignty means that we have
the capacity to decide on how we need to relate with other states.
Characteristics of Sovereignty
1.
2.
3.
4.

An absolute from the legal point of view

Sovereignty is permanent. It lasts as long as the State
Sovereignty of the state is universal. It extends to all within its territory.
Sovereignty is inalienable. Sovereignty of the state cannot be given away
without destroying the state.
5. Sovereignty cannot be divided between or shared by a plurality.
6. Sovereignty is exclusive. State alone has the sovereign authority and
legitimate power to make citizens obey its dictates.

Kinds of Sovereignty
1. Titular Sovereignty - By titular sovereignty we mean sovereignty by the
title only. It refers to the sovereign powers of the king or monarch who has
ceased to exercise any real authority.
2. De Facto Sovereignty - indicates to a sovereign who without legal support
or constitutional support enjoys sovereign power.
3. De Jure Sovereignty - is recognized by law or the constitution, but not in
position to practice its power.
4. Legal Sovereignty - grants rights to its citizens and there can be no rights
against him. It means rights of citizens depend on the will of legal sovereign
and any time he can take away.
5. Political Sovereignty - It is a vague and indeterminate and cannot be
located with exactness.
6. Popular Sovereignty - The doctrine of popular sovereignty regards people
as the supreme authority. It is people who decide right or wrong.
Austins Theory of Sovereignty
Essential in every political society.
Sovereign is not necessarily a single person , in the modern western
world he is rarely so; but he must have so much of the attributes of a
single person as to be a determinate.
Sovereign power is invisible. Division of Sovereignty will lead to its
destruction
Sovereign is not bound to obey anyones order. His will is supreme.
There is no question of right or wrong, just or unjust, all his commands
are to be obeyed.
is not necessary that obedience should come from the whole society. It
is sufficient, if it comes from the lay majority of people.
Plurarist Theory of Sovereignty
Deals with political aspects of sovereignty
State is one of the several human associations catering to various
interests of the individuals.
State is arbiter over conflicting interests of different associations
State should compete with other human associations to claim superior
authority
State was not absolute or supreme legally
State is not the only source of legislation or law
Law is very antithesis of command
The state is both the child and parent of the law
State and government are not different