Austin’s Theory of Sovereignty

superior obedience but receives habitual obedience from the bulk of given society

Austin’s Theory of Sovereignty.  Theory:  If a determinate human superior not in the habit of like superior obedience but receives habitual obedience from the bulk of given society, then that society is political and independent, and that sovereign is the determinate human superior. Definition of Law and Sovereignty:- A conception of sovereignty, which has been … Read more

The Indivisibility of Sovereignty

The Indivisibility of Sovereignty

The Indivisibility of Sovereignty. Indivisibility has long been among the defining characteristics of sovereignty. As Hans J. Morgenthau once stated this point. “sovereignty over the same territory cannot reside simultaneously in two different authorities, that is, sovereignty is indivisible” Only One Sovereign in the State: Another characteristic of sovereignty which requires more detailed consideration is … Read more

Characteristics of Sovereignty

Characteristics of Sovereignty

The traditional distinctive attributes or characteristics of sovereignty are permanence, exclusiveness, all-comprehensiveness, inalienability, indivisibility, and absoluteness. Permanence, Exclusiveness, Unity, All-Comprehensiveness:- The distinctive attributes or characteristics of sovereignty are permanence, exclusiveness, all-comprehensiveness, unity, inalienability, impress scriptability, indivisibility, and absoluteness or illimitability. By the quality of permanence or perpetuity, we mean that quality in virtue of which … Read more

Different Kinds of Sovereignty

Different Kinds of Sovereignty

There are four elements or ingredients or characteristics of the state i.e. population, territory, government, and sovereignty. Hence the state cannot be imagined without Sovereignty. It is Sovereignty that not only distinguishes the state from other associations but also gives it superiority over them. The precise and definite location of Sovereignty is, however, not an … Read more

The Rights of Nationalities

The Rights of Nationalities

Other Rights of Nationalities is of paramount importance to the realization of other fundamental human rights. Possession of a nationality carries with it the diplomatic protection of the country of nationality and is also often a legal or practical requirement for the exercise of fundamental rights. (1) Right to Exist:- Whatever the differences of opinion … Read more

Mill’s Doctrine of the Nation State

Mill’s Doctrine of the Nation-State

Right of Self-Determination in Mill’s Doctrine of the Nation State. As stated in the preceding article, it is one of the characteristic features of modern nationalism that most people who constitute a nationality aspire either to be independent and to live, under a state organization of their own choice and creation or at least to … Read more

Theory of Nationality

Theory of Nationality

Theory of Nationality – Lord Acton one of the most brilliant of modern historians, made a vigorous attack upon the whole theory of nationality, in so far as it maintains that rationality is an essential element in the formation of states, and he characterized it as being more absurd and more criminal than the theory … Read more

Development of Principle of Nationalism

Development of Principle of Nationalism

Development of the principle of nationalism : Origin of the principle- The political principle, and in large measure, even the sentiment, of nationality, hardly existed during the Middle Ages. They are, in the main, a development of the eighteenth and nineteenth centuries, although the idea may be traced back to the fourteenth century. As Lord … Read more

State, Nation, and Nationality Distinguished

State, Nation, and Nationality Distinguished

State, Nation, and Nationality Distinguished: The terms “state” and “nation” are frequently identified both in popular usage and in scientific discussion. Both terms, and also the term “nationality,” have acquired various meanings, and the looseness with which they are employed, even by scientific writers, has been productive of much confusion and misunderstanding. In the first … Read more

Constituent Elements and Attributes of the State

Constituent Elements and Attributes of the State

Constituent Elements and Attributes of the State are four basic elements of the State, namely population, territory government, and sovereignty which constitute the subject of this article The necessity of Govemment: – An aggregation of people permanently resident on a given territory does not necessarily constitute a state. It is necessary that they should be … Read more