Political Thought

The Juridical Theory of State of all varieties of social co-operation, one dominates the others. It is the State, and a fundamental problem in every law system consists of settling the legal relations between the State and its members, both the individuals and the juridical persons. Points of View:- As pointed out in an earlier … Read more

Attacks Upon the Doctrine of Sovereignty. Doctrines of state sovereignty tend to become salient in periods of acute political conflict and rapid social change. This is clearly evident in the attention given to the idea of sovereignty by writers of the sixteenth and seventeenth centuries. The necessity of Sovereignty Denied:- Many writers on political science … Read more

The Soviet Concept of ‘Limited Sovereignty‘ The Theory of Limited Sovereignty from Lenin to Gorbachev. The Brezhnev Doctrine. Non-Legal Limitations:- The traditional and still generally accepted theory of sovereignty is that it is legally unlimited and unimitable. Being the supreme power in the state, they cannot, legally speaking, be any authority above it, and to … Read more

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. 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

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

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

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

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 – 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