sovereignty

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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 ?
Department of Interior issued its historic Record-of-Decision to take 321 acres of tribe-owned land-into-trust on behalf the Mashpee Wampanoag after a thorough review of the historic Tribe's 2007 application, as amended by later submissions, to re-establish sovereign territory in Southeastern Massachusetts.
Could that be the same Gerry Doyle, whose earlier letter (December 29), was calling for this country to boycott Chinese goods and businesses in order to brow-beat the Chinese government "in their Third World country"into adopting westernstyle democracy within its sovereign territory and was taken to task by the consummate contributor to this page, D Fredrick (January 6) over his very limited knowledge of history?
We call on Russia to immediately withdraw its troops not only from border regions but also from UkraineA's sovereign territory," he noted.
The militants are encroaching on the tomb of Suleyman Shah, grandfather of the Ottoman Empire's founder, which lies in northern Syria but which Ankara considers sovereign territory and has made clear it will defend.
This morning, the IDF fighters managing the air defence systems brought down a Syrian fighter plane which approached Israel's sovereign territory on the Golan in a threatening manner, and even crossed the frontier," Yaalon said in a statement.
I am deeply concerned by reports of an increased flow of heavy weapons crossing into Ukrainian sovereign territory from Russia and by reports of Russian armed forces exercising for a humanitarian intervention in a third country.
Putin has badly miscalculated the strength of the European reaction to the shooting down of MH17, based on the Europeans' previous feeble response over Georgia in 2008 when they acquiesced quickly to the creation of South Ossetia to join Abkhazia in carving out large slices from Georgian sovereign territory, and more recently this year when they failed to react to Russia's invasion of Ukraine's province of Crimea.
China considers Taiwan a part of its sovereign territory and has pledged to push for reunification.
If Canadians were going to support massive increases in military spending to ward off the threat of resource-greedy nations looking to infringe on Canada's sovereign territory, the mid-2000s was a good time to do it.
He noted that UNHCR has supported the Government of Pakistan and provided billions of dollars of assistance to refugees hosted on the sovereign territory of Pakistan since uprooted Afghans started taking shelter in this region.
I would like to nominate the accused persons behind the drone strike that occurred on 21-11-2013 in the vicinity of your police station and within the sovereign territory of Pakistan, and against which you have already filed an FIR No.
The Libyan government tried to distance itself from the raid, but militants and other Libyans have been furious that American forces carried out the operation on sovereign territory.