when we speek of limited sovereignty do we understand physical or legal limitation - Naukri.xyz find latest Govt job and GK and Current Affairs

Breaking News

Home Top Ad

Post Top Ad

Wednesday, July 17, 2019

when we speek of limited sovereignty do we understand physical or legal limitation

Sovereignty is the most essential element of the state. Legally speaking, the sovereignty of the state is absolute, unlimited, indivisible, and inalienable. It is all-inclusive and all comprehensive. There is no authority above it. It is supreme in internal and external spheres.
But the view of sovereignty ignores the facts of real life. The state is actually both within and without. The sovereignty of the state is subject to several limitations.


In the internal sphere, the power of the state is limited to the following :

  1. The right of individuals 
  2. The moral law and divine laws. 
  3. The constitutional law.
  4. The autonomy of various association.
  5. Externally, the international law limits state sovereignty.
 Various limitations on the sovereignty of the state are briefly discussed below :

Internal Limitations :

The right of the individuals: It has been asserted that the right of the individuals restrains the sovereignty of the state. But that is not correct. For the right do not grow spontaneously. The right and liberties of the people are guaranteed and protected by the authority of the state. Without the state, there can be no freedom. This restriction is nothing but a self- limitation. Sometimes the state may make laws against the will of the individuals.

Moral Laws and Divine Laws: Some writers opine that the sovereignty of the state is limited by the moral laws and Divine laws. State sovereignty cannot override the prescriptions of moral laws or divine laws. It cannot make any law against the principles of morality and justice. If the state does so, there may be a revolution against it. Hence the moral laws and divine laws bind the sovereign state. But these moral limitations have no legal effect unless the sovereign state recognizes them.  Above all, the law courts may not be willing to enforce them. Therefore, it is also not a legal limitation. It is a self- limitation.

The constitutional law: The Constitution of the sate of the fundamental law of the land. It limits and restrains the function of the state. The state must work in accordance with the constitution. But this view is fundamentally wrong because the constitution does not impose a limitation upon the state. It regulates and controls the activities of the government legally speaking, the state is Complement to amend the constitution. Hence, the exponents of limited sovereignty have failed to distinguish between the state and the government. Moreover, the distinction between constitutional law and ordinary law is not sound.

The Autonomy of Associations: The pluralists also opine that the sovereignty of the state is limited by the autonomy and independence of the state is limited by the autonomy and independence of many associations which exist within the society. The state is simply an association like all other associations. It is not over above them. The state cannot claim superior power to these groups. various associations also enjoy co-sovereignty with the state. But this view of the pluralists is not scientific. The sovereign state acts as the presiding officer to resolve all conflicts.

External Limitation: In the external sphere, the state can not enjoy Exclusive and absolute powers. It is subject to certain limitation, The Presence of the international law is a clear limitation on the external sovereignty of the state. In other words, the doctrine of state sovereignty is limited by the prescriptions of international laws and various international treaties. Thus, it seems that the era of national sovereignty is over. The member state of UNO use force against the political independence of any other state. But we should note that international law is not used in the sense of ordinary law. There is no higher international authority to apply and enforce it. The UNO is not a sovereign state.

Hence, the international restrictions are also a self-limitation on the sovereignty of the state.
From the above discussion, it is clear that the sovereignty of the state is not subjected to legal limitations. There is no authority both inside and outside the state which can legally control the power of sovereignty. Therefore, the sovereignty of the state is legally absolute, unlimited and inalienable. But the legal truth may become a political untruth. The moral laws, divine laws, public opinion, international law may limit the sovereignty of the state, so when we speak of limited sovereignty, we understand not the legal limit but the physical limitations. 

                  

   

No comments:

Post a Comment

Post Bottom Ad