Sovereignty – Meaning and Characteristics

Sovereignty is a juristic concept meaning supreme and final power. It means the highest of the supreme authority. It also denotes that none is above or beyond it, and everyone has to abide by it. Sovereignty is a very popular concept in the modern world, as various powers are trying to dominate the world order, which violates the concept of sovereignty.

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Meaning of Sovereignty

We just discussed that sovereignty means supreme and final power, none is above or beyond it. Sovereignty is generally exercised in two forms; Internal and External sovereignty. Internal sovereignty means the state exercises complete control over the people and different organizations; hence, the will of the state is supreme internally and none is beyond or above it. But there are certain limitations like some persons or groups become so powerful and influence the decision of the state.

External sovereignty means that the state is supreme externally as it ensures that no external powers control or influence the decision of the state. The state is free to frame any rules or regulations that it considers in its interest and it also has freedom to make policy regarding its dealings with other states. However, there are limitations on external sovereignty as well. While framing the rules and regulations, the state needs to take into account the existing international realities.

Characteristics of Sovereignty

Sovereignty has different characteristics and attributes like Absoluteness, Permanence, Universalities, Indivisibility, Exclusiveness, and Inalienability.

Absoluteness represents that sovereignty is absolute as nobody can its superior authority and its will cannot be neglected or overridden by any other power. However, this is merely a legalistic view as this does not withstand the light of real politics. Laski also said that ‘in practice legally unlimited power turns out to be a power exercised under conditions fairly well-known to each other’. Barker also upheld that ‘it is limited by its nature and mode of action’.

Permanence is another feature of sovereignty that implies that sovereignty is permanent like a state. The change in government does not make any difference to its permanence. As Garner said ‘Sovereignty does not cause with the death or temporary dispossession of particular bearers, or the reorganization of the state, but shifts immediately to a new bearer, as the center of gravity shifts from one part of the physical body to another when it undergoes external change’.  

Sovereignty is universal as the state has power over all individuals and associations within its boundaries. Nobody can defy its dictate and order, and it can be done at the peril of the person or association. The only exceptions are the ambassadors and diplomats of the foreign countries accredited to the particular state. Inalienability is another attribute of sovereignty because it is an indispensable element of the state; any alienation would lead to its demise.

Lieber also wrote that ‘Sovereignty can no more be alienated than a tree can alienate its right to spurt or a man can transfer his life and personality without self-destruction’. Exclusiveness is another attribute of sovereignty that means that the state has exclusiveness over citizens, communities, and the associations within its boundary. It is the supreme power, and the person has to give their acceptance of its laws and authority.

Indivisibility is another attribute of sovereignty which means that any division of sovereignty would lead to conflict disintegration and the final cessation of the state. There should be a single center of power to which everyone should owe allegiance. Any division would negate the very concept of sovereignty being the supreme power.

The idea of federalism through several challenges to the concept of sovereignty because in a federal state, the power cannot be enjoyed by the central authority as a division of power between central authority and state authority is a basic attribute of the federal system. Thus, sovereignty faces several challenges in the modern world.