sovereignty

(redirected from Sovereign territory)
Also found in: Dictionary, Thesaurus, Financial, Encyclopedia.
Related to Sovereign territory: 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 ?
national market for sovereign territory seems to have frozen up, and the
China is adamantly opposed to such a move, considering the island an integral part of its sovereign territory.
They also sought to instruct colonial officials as to what comprised their sovereign territory.
Furthermore, because Akwesasne is a sovereign territory, collaboration developed very deliberately and through a dual process that was familiar on one level to academics and on another level to the Native American community.
Whereas invading the sovereign territory of a rogue state is an acceptable form of anticipatory self-defense fully consistent with international norms and America's avowed support of the rule of law;
1841: Hong Kong was officially proclaimed a British sovereign territory.
That is, some states can lawfully 'invade the sovereign territory of other states to stop massive bloodshed'.
The district court dismissed the actions, holding that the cases could be considered only as petitions for writs of habeas corpus, and finding that aliens held by the United States outside the sovereign territory of the United States could not use U.
The area where the Nicaraguan government intends to grant (oil) concessions is located in territorial waters and the Exclusive Economic Zone (EEZ), sovereign territory of Costa Rica - both in the Caribbean Sea and the Pacific Ocean," Costa Rican Foreign Minister Roberto Tovar wrote in a letter to his Nicaraguan counterpart and delivered to Nicaraguan Ambassador Mauricio Diaz on Tuesday.
But when Argentina did invade those islands we went to war because UK sovereign territory had been invaded, and UK citizens, the Falkland Islanders, needed to be liberated.
The Yanks are claiming their spy plane is sovereign territory like an embassy and the Chinese have no right to even look at it.