Sovereignty
is the quality of having supreme, independent authority over a geographic area,
such as a territory. It can be found in a power to rule and make law that rests
on a political fact for which no purely legal explanation can be provided. In
theoretical terms, the idea of "sovereignty", historically, from
Socrates to Thomas Hobbes, has always necessitated a moral imperative on the
entity exercising it.
For centuries past, the
idea that a state could be sovereign was always connected to its ability to
guarantee the best interests of its own citizens. Thus, if a state could not
act in the best interests of its own citizens, it could not be thought of as a
“sovereign” state.
The concept of
sovereignty has been discussed throughout history, from the time of the Romans
through to the present day. It has changed in its definition, concept, and
application throughout, especially during the Age of Enlightenment.
History
Classical
The Roman jurist Ulpian
observed that:[citation needed]
* The imperium of the people is transferred
to the Emperor,
* The Emperor is not bound by the law,
* The Emperor's word is law. Emperor is the
law making and abiding force.
Ulpian was expressing
the idea that the Emperor exercised a rather absolute form of sovereignty,
although he did not use the term expressly. Ulpian's statements were known in
medieval Europe, but sovereignty was not an important concept in medieval
times. Medieval monarchs were not sovereign, at least not strongly so, because
they were constrained by, and shared power with, their feudal aristocracy.
Furthermore, both were strongly constrained by custom.[
Types:
1: Absoluteness 2: Exclusivity
3: De jure and de facto 4: Internal 5: External
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