sovereignty

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Related to Sovereign nations: Sovereign state, sovereignty, National 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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Does the Bush administration have the right under international law to attack and invade a sovereign nation in order to change its government?
Fred Lazar, to help us organize our aspirations as sovereign Nations and illustrate how they can be implemented in harmony and without infringing on the priorities Canada may have.
But to require a Native nation to obtain state certification is to fundamentally attack their status as sovereign nations.
Convincing a sovereign nation to alter destructive policies that impair its own performance and threaten contagion to its neighbors is best handled by an international financial institution, such as the IMF.
OMAN, October 23, 2011 (Frontier Star): President Asif Ali Zardari affirms that the future of Pakistan is bright and that a handful of terrorists cannot impose their agenda on sovereign nations. Speaking at the World Economic Forum (WEF) in Oman today (Saturday), President Zardari said Pakistan is faced with several challenges, including militancy.
Generally, the United States recognizes marriages from other sovereign nations and the right of its own citizens to travel between states.
The SPP envisions replacing the borders around the United States with borders around North America, a de facto geographical merger of the three formerly sovereign nations. The SPP's weak protestations to the contrary are laughable.
Using examples from Europe, Asia, the Americas and Africa, Blum asserts that federal policies of anti-communism and intervention have been enforced by both the US military and the its Central Intelligence Agency, often for decades, resulting in the disruption of domestic affairs of sovereign nations. For this edition he includes commentary on what has changed and what has remained the same in American foreign policy from 1992 to the present.
Along these lines, Singer proposes rules of engagement for humanitarian intervention in the genocidal affairs of sovereign nations.
de Calliere's pole is among the 40 poles because at the time the governor (de Calliere) and the 39 nations negotiated on an equal basis (being sovereign nations).
In 2012, Singapore ranked the single lowest on a fertility report of 203 sovereign nations, according to CIA World Factbook's 2012 list.