Legal Definition of the Term Sovereign

Different interpretations of state sovereignty in the United States of America, such as the expansion of slavery and fugitive slave laws, led to the outbreak of the American Civil War. Depending on the topic, the states of the North and South sometimes justify their political positions by invoking the sovereignty of States. Fearing that slavery would be threatened by the results of the 1860 presidential elections, eleven slave states declared their independence from the federal union and formed a new confederation. [42] The U.S. government rejected secessions as a rebellion, declaring that the secession of a single state from the Union was unconstitutional because the states were part of an indissoluble federation. [43] Individual states of the United States do not possess external sovereignty powers, such as the right to expel undesirable persons, but each possesses certain attributes of internal sovereignty, such as regulating the power to regulate the acquisition and transfer of property within their borders. The sovereignty of a state is determined by reference to the Constitution of the United States, which is the supreme law of the land. SOVEREIGNTY. The unification and exercise of all human power possessed in a State; It is a combination of all forces; It is the power to do everything in a state without accountability; enacting, executing and enforcing laws: collecting and collecting taxes and levying contributions; make war or peace; enter into treaties of alliance or trade with foreign and similar countries.

Geschichte über die Const. § 207 2. In abstract terms, sovereignty resides in the body of the nation and belongs to the people. However, these powers are normally exercised by delegation. 3. In the analysis, sovereignty is, of course, divided into three great powers; namely, the legislative, executive and judicial; the first is the power to enact new laws and to correct and repeal old ones; the second is the power to enforce laws both at home and abroad; and the last is the power to apply laws to certain facts; Judge disputes that arise between citizens and punish crimes. 4. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation belongs to the people of the nation; (S. A.) and the residual sovereignty of each State, which is not granted to any of its public officials, belongs to the people of the State. (cf.) 2 Dall. 471; and usually 2 Dall.

433, 455; 3 Dall. 93; 1 History, Const. section 208; 1 toull. No. 20 Merl. Repert. H.T. A later English Arthurian novel, The Wedding of Sir Gawain and Dame Ragnell (c. 1450),[13] used many of the same elements from the story of the Lady of Bath, but changed the setting of King Arthur`s court and the Knights of the Round Table. The story revolves around the knight Sir Gawain, who grants Lady Ragnell, his new wife, what is supposed to be most desired by women: sovereignty.

Just as the office of Head of State may be conferred jointly on several persons within a State, sovereign jurisdiction over the same political territory may be shared jointly by two or more consensual Powers, including in the form of a condominium. [ref. needed] Internal sovereignty is the relationship between a sovereign power and the political community. A central concern is legitimacy: by what right does a government exercise its authority? Claims of legitimacy may relate to the divine right of kings or to a social contract (i.e. popular sovereignty). [ref. needed] Max Weber proposed a first categorization of political authority and legitimacy with the traditional, charismatic and legal-rational categories. The people of Quebec, for example, sometimes supported governments that proposed making Quebec a sovereign state; that all legislative powers of the Government of Canada in its territory cease and that the Government of Quebec be empowered to regulate any matter; and that the Government of Quebec represents itself internationally. “`Sovereignty` is a term that is used in many ways and is much abused.

As used here, it implies the legitimate control of a state over its territory in general to the exclusion of other states, the power to govern over that territory and the power to apply the law there. 2. In abstract terms, sovereignty resides in the body of the nation and belongs to the people. However, these powers are normally exercised by delegation. Sovereignty resurfaced as a concept in the late 16th century, a time when civil wars had created a desire for stronger central authority, when monarchs had begun to take power into their own hands at the expense of the nobility, and the modern nation-state emerged. Jean Bodin, partly in reaction to the chaos of the French Wars of Religion, presented theories of sovereignty that called for a strong central authority in the form of an absolute monarchy. In his 1576 treatise The Six Books of the Republic, Bodin argues that it is in the nature of the state that sovereignty is:[1] After the Thirty Years` War, a European religious conflict that involved much of the continent, the Peace of Westphalia of 1648 established the notion of territorial sovereignty as the norm of non-interference in the affairs of other states. the so-called Westphlian sovereignty, although the treaty itself affirmed the multiple levels of sovereignty of the Holy Roman Empire. This led to a natural extension of the ancient principle of cuius regio, eius religio (whose empire, its religion), so that the Roman Catholic Church had little scope for interference in the internal affairs of many European states. However, it is a myth that the Treaties of Westphalia created a new European order of equal sovereign states. [27] Hobbes` hypothesis – that the sovereignty of the sovereign is transferred to him by the people in exchange for maintaining their physical security – led him to conclude that if the ruler fails, the people regain their ability to protect themselves by concluding a new treaty.

Sovereignty in government is the public authority that orders or orders what must be done by each member concerning the end of the association. It is the supreme power by which every citizen is governed, and it is the person or corporation of persons in the state to whom there is no political superior. The necessary existence of the state and of that right and power that necessarily follows is “sovereignty.” By “sovereignty” in the broadest sense is meant the highest, absolute, uncontrollable power, the absolute right to govern. The word that in itself comes closest to the definition of “sovereignty” is will or will, as applied to political matters. Bodin rejected the idea of transferring sovereignty from the people to the ruler (also known as the sovereign); Natural law and divine law give the sovereign the right to govern. And the sovereign is not above divine law or natural law. It is above (i.e. unbound) only positive law, i.e.

man-made laws. He stressed that a sovereign is bound to observe certain fundamental rules deriving from divine law, the law of nature or reason and the law common to all nations (jus gentium), as well as the fundamental laws of the State that determine who is the sovereign, who assumes sovereignty and what limits sovereign power. Thus, Bodin`s sovereignty was limited by the constitutional law of the state and by the higher law, which was considered binding on every human being. [1] The fact that the sovereign must obey the divine and natural law imposes ethical constraints on him. Bodin also believed that royal laws, the fundamental laws of the French monarchy, which govern matters such as succession, are laws of nature and bind the French sovereign. With his doctrine that sovereignty is conferred by divine law, Bodin defined the scope of the divine right of kings. [ref. needed] Similarly, member states of international organizations may voluntarily enter into a contractual commitment to a supranational organization such as a continental union.