independent life, the assembly remaining under the name of Parliament in
England and States-General in France.’’
537. Bodin, writing in the reign of Henry the III of France (1551 to 1589),
viewed sovereignty as an absolute unlimited power which, though established
by law, was not controlled by it. According to him, under an ideal system,
sovereignty was vested in the King by divine right. The King’s word was law.
But, even according to Bodin, although the Sovereign was free from the
trammels of positive law, as he was above it, yet, he was ‘‘bound by divine law
and the law of nature as well as by the common law of nations which
embodies principles distinct from these’’ (See: Dunning’s History of Political
Theories’’: Ancient and Medeival’’ p. 28). Hobbes, a century later continued
this line of thinking on an entirely secular and non-moral plane. He opined:
‘‘Unlimited power and unfettered discretion as to ways and means are
possessed by the sovereign for the end with a view to which civil society is
constituted, namely, peace and escape from the evils of the state of nature’’,
in which the life of individuals was ‘‘nasty, brutish, and short.’’ Although,
Hobbes visualised the existence of a social compact as the source of the
authority of the soveign, yet, he looked upon the compact only as a mode of
surrender by the subjects of all their individual rights and powers to the
sovereign who could be either an individual or a body of persons. Subjects,
according to him, had no right to rely upon the compact as a means of
protection against the sovereign. He provided the fullest theretical
foundations of a Machiavellian view of sovereignty.
538. As we know, in the 17th and 18th centuries, European monarchs
came in sharp conflict with the representatives of their subjects assembled in
‘‘Parliament’’ in England and in ‘‘States-General’’ in France. And, theories
were put forward setting up, as against the claims of Kings to rule as
absolute sovereigns by indefeasible divine right, no lesser claims to
inviolability and even divinity of the rights of the people. But, theories apart,
practice of the art of Government proves that the effective power to govern,
by the very nature of conditions needed for its efficient exercise, has had to be
generally lodged in one or few especially in times of crisis, but not in all those
who represent the people even under democratic forms of Government. Direct
democracy, except in small city States such as those of ancient Greece, is not
practically feasible.
539. Theories of popular sovereignty put forward by Locke and Rousseau
came to the forefront in the 17th and 18th centuries– an era of revolutionary
changes and upheavals. The theory of certain immutable individual natural
rights, as the basis of a set of positive legal rights, essential and necessary to
the fulfilment of the needs of human beings as individuals, was advanced by
Locke. He visualised a social contract as a means of achieving the welfare of
individuals composing Society. He also advocated separation of powers of
Government in a Constitution as a method of securing rights of individual
citizens against even their own Governments. Montesquieu elaborated this
theory. The ideas of Rousseau were amongst those which contributed to
produce that great conflagration, the French Revolution which was described
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