Question : Explain Harold Laski’s critique of sovereignty.
(2015)
Answer : First, he argues that the historical analysis of the state repudiates the idea of absolute sovereignty. Here Laski finds the claim of sovereignty incompatible with the interests of humanity.
He says that customs and traditions limit the exercise of sovereign power.Second, he says that the theory of absolute sovereignty fails as a theory of law because practically legally unlimited power turns out to be power exercised under conditions fairly well known to each generation. Third, he ....
Question : Explain the significance of John Austin’s theory of sovereignty. How does it differ from that of Hobbes?
(2014)
Answer : According Austin’s theory of sovereignty if a determinate human superior, not in a habit of obedience to a like superior, receive habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society, and the society (including the superior) is a society political and independent. Austin explains that the superior may be an individual or a body or aggregate of individuals.
The sovereign is not himself bound by any legal limitations, ....
Question : Who amongst Austin, Bodin and Laski, is the most consistent in his analysis of the concept of sovereignty?
(2012)
Answer : John Austin presented one sided conception of sovereignty. Austin supported the legal notion of the sovereignty with legal institutions and legislatures and presented the parliamentary sovereignty. According to him law is the commandment of the supreme authority and here supreme authority means the ability of governing the people. The works which are commandment are regarded as duties. These legal duties are commandments of the supreme authority. Austin says supremacy lies in the monarch in parliament. ....
Question : Compare and contrast Kautilya’s Saptanga theory of the Sovereign State with Bodin’s theory of Sovereignty.
(2011)
Answer : Any theory is related with that period. Kautilya’s theory of sovereignty is reflection of ancient, social and political condition while theory of Bodin is based upon era which conceptualize nation state.
According to Kautilya, King should be religious, courageous and energetic. He should be clever and competent to win wars; he should be free from lust, anger and greed. He should not be selfish. In other view according to Kautilya, power should be used for the ....
Question : Why did kautilya think that sovereignty is hierarchical? Explain.
(2010)
Answer : Though Kautilya recognized that sovereignty may belong to a clan (kula), he was himself concerned with monarchies. He advocated the idea of the king’s divine nature, or divine sanction of the king’s office, but he also attempted to reconcile it with a theory of the elective origin of the king. He referred to a state of nature, without king, as an anarchy in which the stronger devours the weaker. The four functions of the king ....
Question : Does Badin’s theory of sovereignty ‘float in air’? Critically examine.
(2010)
Answer : When it comes to sovereignty the first theory which exerted wide influence was that of Jean Bodin In his view sovereignty is the highest power in a state which is subject to no laws but is itself the maker and master of them. It may reside in either on person or in a number of persons, but in either case it is above law, incapable of any limitation and having an absolute claim to the ....
Question : Define Monarchy. Is it ethically justified?
(2009)
Answer : A ‘Monarchy’ is a form of government in which supreme power is absolutely or nominally lodged with an individual, who is the head of state, often for life or until abdication, and “is wholly set apart from all other members of the state. The person who heads a monarchy is called a monarch. It was a common form of government in the world during the ancient and medieval times. There is no clear definition of ....
Question : Compare Badin’s and Austin’s views on sovereignty.
(2009)
Answer : Austin places the notion of sovereignty at the basis of his theory of law. Austin wrote his works at a time when England was in need of vast legislative reforms. Austin’s concept of sovereignty has been discussed in his book ‘ Province of Jurisprudence Determined. He uses the concept of sovereignty to define law and the content of jurisprudence.
In his opinion the matter of jurisprudence is positive law, law simply and strictly so called or ....
Question : “Acceptance of authority of the state is inconsistent with the highest duty of mankind, the duty to act autonomously.”
(2007)
Answer : The highest duty of mankind is to act autonomously. It refers to the fact that he should be free enough to act according to his free will. Unless he enjoys free will he would not be able to live the way he wants to. This kind of freedom is not good for man living in a society. This is because in that case his freedom may become a hurdle for the other members of the ....
Question : Explain the notion of sovereignty. Critically consider, in this context, the claim that sovereignty is illimitable and logically indivisible.
(2006)
Answer : Sovereignty is the exclusive right to control a government, a country, a people, or oneself. A sovereign is the supreme lawmaking authority. Enlightenment philosopher Jean-Jacques Rousseau, in his treatise Of the Social Contract argued, “the growth of the State giving the trustees of public authority more and means to abuse their power, the more the Government has to have force to contain the people, the more force the Sovereign should have in turn in order ....
Question : Give a critical account of Austin’s view that power is the determining factor of sovereignty.
(1999)
Answer : Austin places the notion of sovereignty at the basis of his theory of law. Austin borrowed from the European experience he had .The sudden break up of the roman empire after thousands of year of peace full rule made people realize that peace can be maintained only through a singe unified authority with infinite power of command at its disposal. Moreover Austin wrote his works at a time when England was in need of vast ....
Question : Explain Bodin’s principle of absolute sovereignty. What was his argument for preferring monarchial sovereignty over democratic sovereignty? Consider in this context whether his advocacy of undivided sovereignty was consistent with his belief in constitutionalism.
(1998)
Answer : Jean Bodin is considered to be the modern initiator of the concept of sovereignty, with his treatise Six Books on the Republic which described the sovereign as a ruler above human law and subject only to the divine or natural law. He thus predefined the scope of the divine right of kings, stating “Sovereignty is a Republic’s absolute and perpetual power". Sovereignty is absolute, thus indivisible, but not without any limits: it exercises itself only ....
Question : Kautilya on sovereignty.
(1997)
Answer : For Kautilya the elements of sovereignty were the king, the minister, the country, the fort, the treasury, the army and its ally, and the enemy. A good king was described as born of a high family, godly, virtuous, courageous, truthful, grateful, ambitious, enthusiastic, not addicted to procrastination, powerful in controlling neighbor kings, resolute, with a good assembly, having a taste for discipline, with a sharp intellect and memory, trained in various arts, dignified, with foresight, ....
