CHANAKYA NATIONAL LAW UNIVERSITY, PATNAPolitical science ProjeCT Submitted To: Mr. V.P SINGH (Faculty for Political science) Submitted By: EESHA GUPTA Roll No. 330 Semester I, 1st Year. POLITICAL SCIENCE PROJECT KINDS OF SOVEREIGNTY . CONTENTS INTRODUCTION DEFINITION OF SOVEREIGNITY ASPECTS OF SOCIETY CHARACTERTICS OF SOVEREIGNTY IMPORTANCE OF SOVEREIGNTY KINDS OF SOVEREIGNTY DE JURE SOVEREIGNTY DE FACTO SOVEREIGNTY . The roman lawyer‟s referred to sovereignty as the fullness of power. The political form then was based on feudalism based on personal dependence alliance within many small groups. it was church and not the state. as suggesting the supreme power in a territory is the modern and its emergence is connected with the rise of the modern nation state. ORIGIN OF SOVEREIGNTY The term sovereignty is derived from lord “superanus” which means supreme. it simply means” statements of the fact that there must be an ultimate control. people‟s firm belief in the law of nature or god and the sanctity which was attached to such laws over man -made laws retarded the growth of modern idea of sovereignty. But it does not mean that the ancient and the medieval ages had no idea of such notion. Today. a as a result of the distinction between the state and the government being very clear. The religious wars of sixteenth century destroyed the unity of the church and on the ruins of this destruction were built the modern state. Everybody admits that sovereignty rests with the state only. able to make final adjustments in the sharing of responsibility or power . must exercise this final authority. if anybody under any circumstances could claim the final authority. and that the state and no other social force.” The middle ages knew nothing about the doctrine and the practice of concerted final authority.Sovereignty is one of the essential elements of the state and it differentiates the state from the human associations. Moreover. For the ancients. The notion of sovereignty. Aristotle used the word in the sense. Feudalism was the antithesis of unified authority. Therefore etymologically it means the paramount power possessed by the state. There was a open conflict between the spiritual and temporal authorities. But at present. sovereignty is no longer considered as attribute of the government. Sovereignty came to regarded as the one of the essential attributes . someone with the last word in case of dispute. There was a time when sovereignty was deemed to be the power of the rulers. It signifies the supreme power of the state. The word sovereignty is derived from the Latin word superanus which means supreme or paramount. Several modern western scholars have discussed the concept of sovereignty. the head of the state. because it is illogical. Jean Bodin. The struggle which gave rise the concept of sovereignty was undertaken and sustained by the monarch himself in order to establish his personal independence. The concept has been discussed.of the state. and supremacy of the state (rather than the Church). border inviolability. incarnate in the king. in relation to states. and application throughout. be bound by his own laws. Sovereignty is the quality of having supreme. thus. which. The current notion of state sovereignty were laid down in the Treaty of Westphalia (1648). and could not. a time when civil wars had created a craving for stronger central authority. Perpetual: Not temporarily delegated as to a strong leader in an emergency or to a state employee such as a magistrate. debated and questioned throughout history. partly in reaction to the chaos of the French wars of religion. A sovereign is a supreme lawmaking authority. from the time of the Romans through to the present day. gave a new meaning to sovereignty. especially during the Age of Enlightenment. both presented theories of sovereignty calling for strong central authority in the form of absolute monarchy. and the modern nation state was emerging. must be able to legislate without his (or its) subjects' consent. Reformation Sovereignty reemerged as a concept in the late 1500s. although it has changed in its definition. when monarchs had begun to gather power into their own hands at the expense of the nobility. . His authority was final to define and produce the law. and Thomas Hobbes. In his 1576 treatise Six livres de la république ("Six Books of the Republic") Bodin argued that it is inherent in the nature of the state that sovereignty must be: Absolute: On this point he said that the sovereign must not be hedged in with obligations and conditions. concept. must not be bound by the laws of his predecessors. independent authority over a territory. partly in reaction to the English Civil War. 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. He held that sovereignty must be perpetual because anyone with the power to enforce a time limit on the governing power must be above the governing power: impossible if the governing power is absolute. The emergence of the modern state. codified the basic principles of territorial integrity. arguing that to overcome the "nasty. . it is advisable for him. Hobbes deduced from the definition of sovereignty that it must be: Absolute: because conditions could only be imposed on a sovereign if there were some outside arbitrator to determine when he had violated them. people must join in a "commonwealth" and submit to a "Sovereign [sic] Power" that is able to compel them to act in the common good. in Leviathan (1651) introduced an early version of the social contract (or contractarian) theory. This expediency argument attracted many of the early proponents of sovereignty. Bodin held some moderate opinions on how government should in practice be carried out. that is. brutish and short" quality of life without the cooperation of other human beings. And the sovereign is not above divine law or natural law.Bodin rejected the notion of transference of sovereignty from people to sovereign. He is above (i. He held that although the sovereign is not obliged to. natural law and divine law confer upon the sovereign the right to rule. Age of Enlightenment Hobbes.e. With his doctrine that sovereignty is conferred by divine law. not bound by) only positive law. Despite his commitment to absolutism. Bodin also held that the Lois royals. the fundamental laws of the French monarchy which regulated matters such as succession. to convene a senate from whom he can obtain advice. to delegate some power to magistrates for the practical administration of the law. How divine and natural law could in practice be enforced on the sovereign is a problematic feature of Bodin's philosophy: any person capable of enforcing them on him would be above him. The fact that the sovereign must obey divine and natural law imposes ethical constraints on him. and to use the Estates as a means of communicating with the people. as a practical expedient. in which case the sovereign would not be the final authority. are natural laws and are binding on the French sovereign. Bodin predefined the scope of the divine right of kings. laws made by humans. the people are released from their obligation to obey him. is inalienable. But the legislator has. but though the general will is always right and desires only good.Indivisible: The sovereign is the only final authority in his territory. it acts through laws. led him to conclude that if the ruler fails to do this. for example. the more force the Sovereign should have in turn in order to contain the . and Montesquieu are also key figures in the unfolding of the concept of sovereignty. Hobbes' hypothesis that the ruler's sovereignty is contracted to him by the people in return for his maintaining their safety. for the will cannot be transmitted. hence the necessity of the legislator. it is infallible and always right. ou Principes du droit politique (1762) deals with sovereignty and its rights. John Locke. or the general will. it is inalienable – Rousseau condemned the distinction between the origin and the exercise of sovereignty. a distinction upon which constitutional monarchy or representative democracy are founded. Sovereignty. the sovereign or general will) have authority to make and impose them. the more the Government has to have force to contain the people. The second book of Jean-Jacques Rousseau's Du Contrat Social. since it is essentially general. and consequently does not always see wherein the common good lies. Thomas Hobbes. but the people alone (that is. Likewise. no authority. Niccolò Machiavelli. he is only a guide who drafts and proposes laws. which we can find again in the social contract theories. its judgment is not always enlightened. Rousseau. determined and limited in its power by the common interest. which only differs in that he considers the people to be the legitimate sovereign. Hobbes held this to be true because otherwise there would be no way of resolving a disagreement between the multiple authorities. "the growth of the State giving the trustees of public authority more and means to abuse their power. in his 1763 treatise Of the Social Contract[3] argued. he does not share final authority with any other entity. Bodin's and Hobbes's theories would decisively shape the concept of sovereignty. it is indivisible. of himself. Law is the decision of the general will in regard to some object of common interest. in Rousseau's (1712-1778) definition of popular sovereignty (with early antecedents in Francisco Suárez's theory of the origin of power). The republic defined sovereignty as the supreme power of the state over citizens and subjects unrestrained by law. it becomes crystal clear that: 1. and Grotius defined sovereignty as the political power vested in him whose acts are not subject to any other and whose will cannot be overridden. orders on his own. absolute unlimited power over the individual subject and over all associations of subjects. 3. it is the right to give unconditional orders to all individuals in territory of state. associations and institutions which esits within the boundary of the state. internal and external. Chapter VI) – and furthermore predicated on the assumption that the people have an unbiased means by which to ascertain the general will. From the definitions quoted above.e. "there is no law without a sovereign. in an attempt. It is unrivalled i. Internal sovereignty means the indivisible. argues Giorgio Agamben. is not a law" (Book II. Chapter I) resulting from "the general will" of the people. It is the original and absolute power of the state. Carl Schmitt (1888-1985) defined sovereignty as "the power to decide the state of exception". Thus the legal maxim. to counter Walter Benjamin's theory of violence as radically disjoint from law. it is the will of the nation organized in state. associations and institutions . sovereignty is the commanding power of the state.Government. absolute and unlimited power which the state exercises over all individuals. DEFINITION OF SOVEREIGNITY A large number of definitions of sovereignty have been put forward. In other words of duguit." with the understanding that the Sovereign is "a collective being of wonder" (Book II. According to Willoughby it was defined as original. which may be said to be an "antisovereignty". and that "what any man." The 1789 French Revolution shifted the possession of sovereignty from the sovereign ruler to the nation and its people. ASPECTS OF SOCIETY There are two aspects of sovereignty. and 4 it makes the state equal to and free in its relations with the other states of the world. whoever he may be. Agamben or Jean-Luc Nancy. also inspired many thinkers. there is none to complete with it. such as Jacques Derrida. It will is binding on all individuals. 2. Georges Bataille's heterodox conception of sovereignty.. exclusiveness. cannot be regarded as external control over a state. No other state of the world can compel a state to do or not to do something. terms of treaties and agreements etc. both together constitute sovereignty of the state. and external sovereignty refers to its absolute freedom in its relations with the other states. External sovereignty makes all states. there may exits de facto and de jure sovereigns in the same state. inalienability. it . The obligations imposed by the international laws. large and small equal in their mutual relations as well as in the eye of international law. the state is born with sovereignty which is secured by the state without any external help. In other words. Exclusiveness It means that there can be only one sovereignty within a state. The extraterritorial jurisdiction allowed to foreign embassies located within the territory of a state also cannot be pointed out as an exception. CHARACTERTICS OF SOVEREIGNTY Originality. but recognizes only one. A) Originality Originality as a character of sovereignty means that it is not a derivative quality. imprescriptibility and indivisibility. permanence. such rules and obligations may be violated but the state since there exists no authority to enforce them. It means that the sovereign authority extends over all persons and associations within its territory. Therefore. all comprehensiveness. Because. entered into by states. All-comprehensiveness It refers to the universal character of the state.. Moreover. Sometimes. Sovereignty is a life-force of the state. The character of exclusiveness rules out the possibility of any other authority to compete with the paramount power of the state. the state cannot exists without sovereignty and sovereignty also cannot exist without the state. It should be remembered that these two are not different things: they are like two side of the same coin. because these are all voluntarily accepted obligations. however. and absoluteness are the distinctive character tics or attributes of sovereignty. they are co terminus. B) Permanence Permannce refers to continued existence of sovereignty in the state.within the territorial limit. Internally it means its all comprehensive character which implies that all persons and groups existing within the state are subject to the unlimited control of sovereignty. The principle holds good in the federal state also.is nothing more than a form of courtesy shown by the sovereign states in their mutual relations and these privileges may be denied by the sovereign states. Absoluteness Absoluteness means the illimitability of sovereignty. Indivisibility It denotes that sovereignty cannot be divided or appointed among more than one person or organ of the state. Delegation of some powers by sovereign. Imprescriptibility The quality of imprescriptibility means that sovereignty is neither lost nor destroyed by mere lapse of time. Externally it means the impossibility of imposing any legal limitation on its behavior by a state on another sovereign state. but sovereignty rests with the state as a whole. It is an indisputable fact that this conception. from the moment when it was introduced into political science until the present day. the original possessor ceases to be sovereign.1 1 Lassa Oppenheim . There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. In other words. if a state cannot exercise its sovereign power for the time being on account of its subjugation by a foreign power. Inalienability It implies that sovereignty cannot be parted with without destroying sovereignty itself. because in a federal state functions may be divided between the two sets of government. that does not put its sovereignty to an end. however. does not affect sovereignty. For example. no sovereign can transfer is authority to another because when ceded to another person. has never had a meaning which was universally agreed upon. It has two sides. One state controls and curbs any anti-social and anti-national elements since it possesses coercive power. The importance of sovereignty can be defined as in following ways: (1) Sovereignty is the supreme power over all individuals and associations.IMPORTANCE OF SOVEREIGNTY Sovereignty is the most important element of the state. It refers to the sovereign authority not exercised by its holder. (8) A country can be an independent one only when it has sovereignty.e. Sovereignty makes the state supreme in both internal and external matters. Although outwardly the power i. Without sovereignty anarchy will prevail in the society and there will be chaos and disorder. the state to run trade and commerce freely and frame its foreign policy for sake of welfare of the people. this kind of sovereignty is also known as nominal or titular sovereignty. The state cannot frame and implement laws in the absence of sovereignty. TITULAR SOVEREIGNTY Titular or nominal sovereignty is that power possessed by a person only in name or title. (3) The state can maintain unity and integration when it has supreme powers. vested in one person. There was a time when the monarch enjoyed and exercised unlimited powers. (4) Sovereign authority is a essential to maintain order in the society. (6) State exits. Even-today as the source of . The queen or the king in Britian and the president of India are the examples of titular sovereignty. There can be no state without sovereignty. It is the responsibility of the state to create an atmosphere of peace and security in the society. He is sovereign only in name but not in reality. KINDS OF SOVEREIGNTY 1. (2) Sovereignty is the most important feature which differentiates the state from other associations which have no sovereign powers. (5) The state can give protection to its citizens from any external threat or internal disturbance s with its sovereign power. Society will become worse and mutual disputes will occur without sovereign power in the state. The state is able to regulate and control the activities of different associations and individuals because it can punish anybody with its sovereign power. Sovereignty makes. the real power is enjoyed by another. For this reason. A state can be independent only if it enjoys sovereignty. The monarch of England is one of the best examples of titular sovereign. survives and continues only when there is sovereignty. The titular sovereign is a sovereign only by name or title but does not exercise its power in practice. (7) The state is able to make laws to regulate the relation between individuals because it has sovereignty. authority all appointments and embodiment of justice.Garner. In a state. the principles of morality and the mandates of public opinion”. the sovereign is the real head of the state and government. REAL SOVEREIGNTY Real sovereignty is the power possessed and exercised by an individual or body of individuals in actual practice. the monarch is a symbol only without any real power of administration. actual sovereignty rests with the parliament.A and the cabinet in India are real sovereign. The king-in parliament is an example of legal sovereignty. executive. . At present. there must be some other authority with unlimited and absolute powers is inactive.K is the king in parliament. LEGAL SOVEREIGNTY According to Dr. where the sovereign authority with unlimited and absolute powers is inactive. Because. 2. The parliament and the cabinet together constitute actual sovereignty in England. In every state. Since. the power which can override in a legal formula the highest command of the state. its power of law making is unlimited. judicial. the power which can override the prescription of the divine law.all laws.S. legal sovereignty is the” determinate authority which is able to express in a legal formula the highest command of the state. Similarly. no court has the power to declare a law made by it ultra vire and the cabinet is responsible to it under all circumstances‟. the monarch enjoys all powers in the eye of law. It is presumed that the monarch is even above law and can do no wrong. in England in the ultimate analysis. The people are controlled and ruled by the real sovereign. In this type. This gives rise to the concept of parliamentary sovereignty. the real sovereign in U. there must be some other authority to carry out the functions of the government. The parliament of England is the only example of a legislature which enjoys parliamentary sovereignty. But in actual practice. there must be a person or a body of persons with unlimited powers of making laws which are binding on all persons in the state and violation of which leads to punishment. The attribute of that authority which exercises the powers in actual practice is thus said to be actual or real sovereignty. Actual sovereignty is a corollary to titular sovereignty. It looks not to the content of the law but looks only to its source. legislative. 3. the cabinet is also responsible to the parliament. It refers to the unlimited power of law-making and enforcing responsibility over the executive enjoyed by the parliament (legislature). John Austin has developed the concept of legal sovereignty in a very lucid manner. it enforces any law passed by the legal sovereign. the president of U. the legal sovereign must express in terms of law that will of those agencies or powers which create public opinion. But a little scrutiny is sufficient to prove that the view is not acceptable. in every country the legal sovereign is found to be influenced by certain powers unknown to and unrecognized by the law. platform. all do not enjoy the right to vote and the non-voters find very little scope for exerting influence on the legal sovereign. is known as political sovereignty. it is also unorganized and indeterminate. but in a democracy. because. or with public opinion. Because. Hence. The electorate exerts its influence on legal sovereignty through the press. (5) The legal sovereign enjoys allegiance of all who are within the state. can extert tremendous influence over the legal sovereign. 4. (4) It is the source of all rights. (1) Legal sovereignty is definite and determinate. no doubt. Political sovereignty is not recognized by law. leads to punishment. Thus. there is an authority formulated under the provisions of the constitutions with the powers of making and repealing laws. The electors. According to some people. these are not recognized by law. Therefore. (6) Violation of the command of the legal sovereign expressed in terms of law. POLITICAL SOVEREIGNTY The idea of unlimited power of the legal sovereign appears to be simply an ideal.CHARACTERTICS OF SOVEREIGNTY An analysis of the concept of legal sovereignty reveals the following characteristics. According to dicey. people can enjoy only those rights which the legal sovereign allows. in England the kingin –parliament is the legal sovereign but it cannot ignore the will of the electorate possesses political sovereignty in England. literature and elections etc. On the contrary. For example the law making body of a democratic state cannot ignore public opinion. but are still very important as the moulders of the motives of the legal sovereign. but they too are very much influeneced by the . For example. the sovereignty. In every state. but it never owes allegiance to anybody. which the legal sovereign must take note while making of laws is called political sovereignty. they regard political sovereignty as the sum total of the influences in a state which lie behind the law. (3) Only the legal sovereign enjoys the power to declare the will of the state in terms of law. (2) In a monarchy the monarch is the possessor of the legal sovereignty. legal sovereignty generally resides in a group of persons who enjoy powers of legislation. the power which exerts influence on the legal sovereign in a state. public opinion is also not acceptable always. National sovereignty is an abstract concept. therew ill be no difference between legal sovereign and political sovereign in such a state. one state”. In a direct democracy. the political sovereignty. Hence. legal and political sovereignty coincide. This can be understood from the example of England.forces other than their will. very often it is not identical with the opinion of a considerable majority. The term national sovereignty was first coined by the French revolutionists in the „declaration of the rights of the man‟. Similarly. In a direct democracy also the difference between them is not very wide. In England the king in parliament is the legal sovereign but it cannot promulgate any law in complete disregard to the will of the electorate. If the opinion of the legislators is accepted as public opinions because of their being the representatives of the people. “one nation. Political sovereignty is unorganized and its organized form is legal sovereignty. . the advocates of national sovereignty vested it on the nation itself. Assuming that sovereignty cannot be divided among the members of the nation.e. National sovereignty is the source of inspiration behind the principle. Legal sovereign must also ultimately bow to the political sovereign. Sovereignty without being vested in individuals or institutions may boost the imagination of its votaries but if of little consequences in actual practice. If it does so there will be chaos in the state and ultimately the legal sovereign will have to yield to the will of the electorate i. NATIONAL/NORMAL SOVEREIGNTY The the sovereign authority attributed to a nation is a national sovereignty. Relation between legal and political sovereignty The authority which is recognized by law and which enjoys the unlimited power of making the law. the people as a whole enjoy this power of law-making. Hence it will be more precise if said that political sovereignty is constituted of the electorate and all the other factors which exert influence on the electorate. is known as the legal sovereignty. Establishment of good government is not possible in absence of good relationship between them. The difference between the legal and political sovereignty is to a great extent a matter of degree of organization. It is the duty of the legal sovereign to promulgate laws in order to satisfy and fulfill the aspiration of the political sovereign. 2 advocated the concept of popular sovereignty. one state” national sovereignty is however an abstract concept. THE WEAKNESSES OF POPULAR SOVEREIGNTY Vagueness. the concept of „general will‟ of the Rousseau forms the basis of popular sovereignty. National sovereignty is the source of inspiration behind the principles “one nation. In a democracy the people are the source of all powers and the authority possessed but them is called popular sovereignty. People. 2 1 ^ 1 Lassa Oppenheim. The concept of popular sovereignty is not definite. It regards the people as the source of all authority in the state. The idea of popular sovereignty sprang up as protest against the excessive authority exercised by the rulers. The doctrine of popular sovereignty forms the basis of democracy. William Ockham and several other writers developed the theory of polpular sovereignty in order to establish the importance of the will of the people. indefiniteness. In his opinion the sovereign is a general will which represents the real will of the people of state. The makers of the constitution of USA also laid special emphasis on the principle of ultimate power of the people. In fact. 4th ed. True it is that no government can attain permanence if it is not supported by the people. In the 18th century the French philosopher. press and other agencies of public opinion play an effective role in influencing the concept of popular sovereignty. In the 18th century the French philosopher Rousseau also declared sovereignty of the state to be an attribute of the people. The term „national sovereignty‟ was first coined by French revolutionaries in the „declaration of rights of man‟. The supporters of the concept of popular sovereignty believe that sovereignty of the state rests with the people. the rulers being destroyed by the wrath of the people. Popular sovereignty literally means the sovereign power enjoyed by the people. Rousseau. In fact.The sovereign authority vested in the nation is normal sovereignty. there are instances in the history of the world. In the 16th and 17th centuries. lack of organization and dependence on external agencies may be mentioned as the weakness of popular sovereignty. International Law 66 (Sir Arnold D. POPULAR SOVEREIGNTY Popular sovereignty means the supreme power of the people in state. This proves the importance of popular sovereignty. 5.. This concept indicates that the sovereignty does not rely on absolute monarch but in the nation. 1928) . McNair ed. Some are of the opinion that sovereignty rests with the entire population of a state and some others think that it rests with the voters only.There is no unanimity of opinion as to the portion of the people with which. Hence. Moreover. cannot possess sovereignty. DE JURE SOVEREIGNTY Sometimes a forcible displacement of the legal sovereign of a state may occur and its place may be usurped by another authority not recognized by law. it is also difficult to accept that they can exercise sovereign power in the state. Under such circumstances the sovereignty held by the displaced legal sovereign is known as de jure sovereignty. an indeterminate people cannot posses it. There are innumerable examples of de jure sovereign. Dr. It shows that no government can continue in the power if it loses the confidence of the people and therefore the legal sovereign is compelled ultimately to bow before the popular sovereign. Sovereignty of people is a contradiction in terms. According to Gettell. garner also expresses a similar view. . IMPORTANCE OF POPULAR SOVEREIGNTY In spite of the lack of organization and indefiniteness the importance of popular sovereignty cannot be discounted. It has accepted people as the ultimate sorce of power in the state and thus. strengthened the foundations of democratic states. The idea of popular sovereignty also gives us a clue to the real aims of the state and its relation with the people. When Germany occupied the territories of many of the European states formed government in exile in London and continued their de jure sovereignty over their respective territories. but the legal sovereign may be still continue its claims of sovereignty over the territory of the state concerned. Political sovereignty rests. In the preamble to the constitution of India too people have been declared as the source of authority of the state. None of the above ideas seems acceptable. It throws light on certain important aspects of democracy. Sovereignty is an attribute only of a state. they all do not vote in an election and decisions are taken on the basis of majority of those who vote. It. The people consisting of all men women children stupid‟s and lunatics constitute an unorganized and indeterminate mob. therefore. The voters on the other hand constitutes a very small part of the total population and they work under the influence of external agencies including the people who have no right to vote. To cite an important example. because it actually occupies the territory of the state.kai-shek from the mainland of chian to Taiwan (Formosa) DIFFERENCE BETWEEN LEGAL AND POLITICAL SOVEREIGNTY The terminology of these two types of sovereignty suggests that de jure sovereignty is recognized by law while de facto sovereignty has no legal recognition behind it. but it exits in fact. Some philosophers do not accept the division of sovereignty as de jure and de facto. because it is not recognized by law. Such an occupation. or(2) the de facto sovereign may secure de jure status through promulgation of laws and recognition from the other states. the government of chiang. Such a usurper may be either a person or a group of persons or an external aggressor. in the course of time. for example there can be de jure and de facto governments but not sovereignty. there exists both of them at time in a state. This kind of sovereignty has no legal basis.. This may be possible in two ways. De facto sovereignty was claimed by the communists over china after driving out. de jure sovereignty becomes non-existent for the time being. Therefore.g. however. but de facto sovereign is found to apply force on people very often to enforce the laws passed by it. RELATIONSHIP BETWEEN „De jure‟ AND „de facto‟ SOVEREIGNTY . Moreover. e. one of them becomes extinct making room for the other to occupy the place of supremacy in the state.etc. On the other hand. The laws passed by the de jure sovereign are obeyed by the people. But. but de facto sovereignty remains in force. (1) the de facto authority may lose its ground and the de jure sovereign may occupy its former position again. by the force. According to john Austin.DE FACTO SOVEREIGNTY De facto sovereignty refers to the sovereignty claimed by the usurper of a legal sovereign. existence of two sovereignties in same state is not possible. of de jure and de facto sovereignty. one can be understood only with the reference to the other in actual practice. may be established over whole of the territory or over some parts of it. Hence. sovereignty de jure is threatened for or. (3) When sovereignty de facto is disturbed. though not otherwise to the excellence of a government. . reappears and ultimately becomes stable.(1) When sovereignty de jure attains its maximum of quiescence sovereignty de facto is usually also steady. and is so to speak. sovereignty de jure though it may be lost for a time. more shortly. (2) When sovereignty de facto is stable.. the more do they tend to come together in that coincidental quiescence which is an index to the perfect order. the slighter are the oscillations of each needle. hidden behind it. these are the various types of sovereignty. com The various books referred:Political science by Myneni Political science by A.BIBLIOGRAPHY The various sites referred are :www.C.com www.google.Kapoor .wikipedia.