sovereignty

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Related to Sovereign power: Sovereign right

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 ?
This mirroring that turns into a conflation--another zone of indistinction--between the sovereign and homo sacer is evinced in the novel when Jose, who is excluded by sovereign power, seems to exert sovereign power over others.
Its codification in the UN Declaration on the Right to Development, (54) as well as its enshrinement in both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, (55) for example, calls on states to exercise external sovereign power to address economic inequality beyond their boundaries.
We have "a constant confrontation between the insufficient authority of sovereign power or the law to constitute a field in which everything can be said, and a form of subjectivity that testifies to the fundamental opacity of the singular experience of the subject to the procedural rules that define the liberal public sphere" (142).
Although Justice Kennedy's plurality opinion purported to rely on sovereignty, his restrictive approach to jurisdiction in the stream of commerce context is not based on the inherent limits of the sovereign power of the states.
24) Moving away from questions of capitalist reproduction, Hannah-Moffat highlights the ongoing necessity of sovereign power for disciplining subjects within a diverse range of state and non-state institutions.
Most importantly, the bunker was subject to high concentrations of sovereign power, crystallising in an exceptional geography and the exposure of life to death.
Unless the problem is resolved, the recovery of sovereign power by Okinawa remains pie in the sky.
The Sovereign Is Only To Enforce The Sovereign Power
To take an example from the everyday political world, when a sovereign power like George W.
Shakespeare's visions of life cut short in the body of sleeping kings do not reflect the same logic that, according to Agamben, defines and guarantees the continuity of sovereign power.
First, the exercise of sovereign power over individuals and
Nick Vaughan-Williams, Border Politics: The Limits of Sovereign Power, Edinburgh: Edinburgh University Press, 2009.