Topic > State and sovereignty - 828

Bodin (Jean, 1576), sovereignty can be defined as an absolute power of command in a specific state. It is the quality and standard of having complete and independent authority over a particular region or specific geographical area. The territory must be certain and have clear boundaries or demarcations (Biersteke & Weber, 1996). Therefore, in simple terms, it can denote the authority, power and mandate to legislate, enforce laws and govern politically. There has never been a complete and all-encompassing legal definition. According to early scholars such as Socrates and Thomas Hobbes linked sovereignty to the moral imperative and an entity to exercise it (Boucher, 1994). According to the concept of political theory, sovereignty includes authority, especially in making decisions of a state and maintaining law and order (Maritain, 1951). This concept refers to international law and political science (Luther, 1967). It is also related to the state and government and the idea of ​​independence and democracy. The idea of ​​the state therefore changed with the level of improvement in governance and independence (Benjamin, 1913-1926). In ancient times the concept of sovereignty was strongly linked to the powers and ability to guarantee the protection of the interests of a sovereign to his subjects. And regarding this concept, it was supposed that it only acts in the best interests of the people, for whom it cannot be considered a sovereign state (Bateman, 2011). The state is unable to stand alone without the concept of sovereignty (Wheaton, 1836). Therefore the superiority of the State over other entities is due to the fact that it is sovereign. It is because of this close connection with sovereignty that modern theories of the State have been perfected....... middle of paper ......n in a particular State. The sovereign, according to Austin, can be a person or an entity and is a legal entity. According to Austin, in every state there is an entity to which many people in a state show obedience and compliance and that authority is unlimited, indivisible and absolute. In his own words, “If a given human superior who is not in the habit of obeying a similar superior receives habitual obedience from the mass of a given society, that given superior is sovereign in that society and that society (including the superior) it is a political and independent company." (Austin, 1832) We see that monistic theory focuses heavily on law in defining a sovereign. Law is regarded as a set of commands flowing from a superior to an inferior. This theory has main principles:1. It is that sovereign powers are crucial in many political societies