sovereignty

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Related to National sovereignty: State sovereignty

Sovereignty

The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.

Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations.

The individual states of the United States do not possess the powers of external sovereignty, such as the right to deport undesirable persons, but each does have certain attributes of internal sovereignty, such as the power to regulate the acquisition and transfer of property within its borders. The sovereignty of a state is determined with reference to the U.S. Constitution, which is the supreme law of the land.

See: authority, bureaucracy, capacity, dominance, dominion, hierarchy, home rule, influence, jurisdiction, polity, predominance, primacy, regime, supremacy

sovereignty

in UK constitutional law, the doctrine that the monarch in Parliament is competent to make or unmake any law whatsoever and cannot be challenged in any court. The doctrine developed historically, its first major enunciation being in the BILL OF RIGHTS. Possible limitations are:
  1. (i) the ACTS OF UNION;
  2. (ii) the inability of Parliament to bind its successors;
  3. (iii) territorial competence, being a practical limitation rather than a legal one.

By far the most significant restraint is found in the law of the EUROPEAN UNION, which asserts its supremacy in the ever-expanding matters subject to the Treaties. Enforcement of an Act of Parliament has been enjoined on the basis of conflict with European law. The creation of the devolved Scottish Parliament has brought about a conventional restraint of Parliament exercising its powers on matters within the devolved powers:

see SEWEL MOTION.

SOVEREIGNTY. The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. Sec. 207.
     2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation.
     3. When analysed, sovereignty is naturally divided into three great powers; namely, the legislative, the executive, and the judiciary; the first is the power to make new laws, and to correct and repeal the old; the second is the power to execute the laws both at home and abroad; and the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes.
     4. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation; (q.v.) and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state. (q.v.) 2 Dall. 471; and vide, generally, 2 Dall. 433, 455; 3 Dall. 93; 1 Story, Const. Sec. 208; 1 Toull. n. 20 Merl. Repert. h.t.

References in periodicals archive ?
Any political process should rely onthe factors of preserving national sovereignty, Syria's terrestrial integrity, keeping the state institutions , committing to liberating the occupied Syrian lands.
That is why a public debate that considers only two extreme scenarios -- imposed integration or absolute national sovereignty -- is misleading and dangerous.
He said the Chinese government and people are determined to safeguard national sovereignty and territorial integrity.
In our view, adopting an intrusive approach that undermines national sovereignty and institutions is counterproductive," he added.
In short, a durable, successful currency union requires some ceding of national sovereignty.
Those, who are targeting the armed forces, want to harm national sovereignty and Islam does not allow killing of innocents people," he added.
In addition, Zebari held talks with Afghan defence minister Bismiallah Mohammedi, where both sides discussed views on US defence agreements with both countries, according to national interests and national sovereignty.
The treaty drew a 61-to-38 vote that fell five votes short of the needed two-thirds majority after skittish Republicans bought into a nonsensical attack by right-wing critics that it would undermine national sovereignty.
ISLAMABAD -- Prime Minister Nawaz Sharif has said drone attacks are violation of national sovereignty and the government has chalked out a policy to counter them.
13:05 Udo Braendle: My approach is: It is possible to believe in universal human rights, but also in national sovereignty.
November 28, 2012 (KHARTOUM) -- The government of North Darfur State voiced reservations over a security strategy that the United Nations-African Union Peacekeeping Mission in the region (UNAMID) aims to adopt in order to protect civilians in Sudan's western region, saying it undermines national sovereignty.
Then we have Christofias, Kyprianou, Omirou and Lillikas getting stressed out because, as they say, our national sovereignty would be threatened if we allow our budget to be decided by the troika.

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