Juridical Theory of the State: Legal Personality, Law, and Sovereignty Explained

The Juridical Theory of State

The Juridical Theory of the State views the state primarily as a legal institution—an organized authority responsible for creating, interpreting, and enforcing law. Unlike sociological or biological theories, this approach treats the state as a juridical person, capable of rights, duties, and collective legal action. Developed mainly by analytical, historical, and sociological jurists, the theory … Read more

Attacks on the Doctrine of State Sovereignty Explained

Attacks Upon the Doctrine of Sovereignty

The Doctrine of State Sovereignty has long been regarded as the cornerstone of political and legal theory. However, periods of political upheaval and social transformation—particularly since the sixteenth century—have produced sustained intellectual attacks on the necessity, existence, and relevance of sovereignty as an essential element of the state. Influential jurists such as Laband, Jellinek, Duguit, … Read more

The Soviet Concept of Limited Sovereignty: From Lenin to the Brezhnev Doctrine

The Theory of Limited Sovereignty

The Soviet concept of “Limited Sovereignty” represents a fundamental departure from the classical Western doctrine of absolute state sovereignty. Emerging from Marxist-Leninist political theory and reaching its most explicit form under the Brezhnev Doctrine, this concept asserted that a socialist state’s sovereignty could be restricted when its actions threatened the interests of the broader socialist … Read more

Austin’s Theory of Sovereignty

superior obedience but receives habitual obedience from the bulk of given society

Austin’s Theory of Sovereignty.  Theory:  If a determinate human superior not in the habit of like superior obedience but receives habitual obedience from the bulk of given society, then that society is political and independent, and that sovereign is the determinate human superior. Definition of Law and Sovereignty:- A conception of sovereignty, which has been … Read more

The Indivisibility of Sovereignty: Unity, Federalism, and the Supreme Power of the State

The Indivisibility of Sovereignty

The indivisibility of sovereignty has long been regarded as a foundational principle of political theory and constitutional law. Classical theorists such as Jean Bodin, John C. Calhoun, Hans J. Morgenthau, and Jellinek argued that sovereignty, by its very nature, must remain unified and supreme within a state. To divide it is not merely impractical—it is … Read more

Understanding the Core Characteristics of Sovereignty

Characteristics of Sovereignty

Sovereignty is the defining feature of any state, encompassing permanence, exclusiveness, unity, all-comprehensiveness, inalienability, imprescriptibility, indivisibility, and absoluteness. These attributes ensure that the state maintains supreme authority over its territory and population, safeguarding its identity and power. From historical debates to modern interpretations, sovereignty remains central to political and legal theory. “Sovereignty is the very … Read more

Understanding the Sovereignty of the State: Legal, Political, and Popular Perspectives

Different Kinds of Sovereignty

Sovereignty is the cornerstone of any state, distinguishing it from other associations and granting it ultimate authority over its territory and population. This complex concept encompasses various forms—legal, political, titular, de facto, de jure, popular, and national sovereignty. Understanding these distinctions is essential to grasp the balance of power, the role of the electorate, and … Read more

Other Rights of Nationalities: Language, Culture, and Legal Protection

The Rights of Nationalities

Other rights of nationalities are fundamental to the realization of human dignity and democratic governance. Beyond political self-determination, nationalities possess essential rights such as the right to exist, the right to preserve and use their language, and the right to retain local customs and legal traditions. Possession of nationality enables diplomatic protection and serves as … Read more