Define: Sovereign Power

Sovereign Power
Sovereign Power
Quick Summary of Sovereign Power

Sovereign power is the authority to create and enforce laws, influencing government activities. This power is absolute and cannot be overridden within its own sphere, making it the highest power in the land. In contrast, subordinate power is subject to external control by a superior constitutional power.

Full Definition Of Sovereign Power

Sovereign power is the authority to create and enforce laws, vested in an individual or group exercising governmental functions. It has the ability to influence the activities of the government and is absolute and independent within its designated limits. Its exercise is not dependent on any other power and cannot be overridden within the constitutional system. For example, the President of the United States has sovereign power to issue executive orders and enforce laws within the boundaries of the Constitution. The Queen of England holds sovereign power over the United Kingdom, giving her the final decision-making authority in state matters. The Supreme Court of the United States also possesses sovereign power to interpret the Constitution and make decisions that are binding on all lower courts. These examples demonstrate how sovereign power is the highest form of political authority within a specific system, free from external control and serving as the ultimate authority in state affairs.

Sovereign Power FAQ'S

Sovereign power refers to the supreme authority and control exercised by a government or ruling entity over a particular territory and its inhabitants.

In most countries, sovereign power is held by the government, which is typically composed of elected or appointed officials who make and enforce laws on behalf of the people.

While sovereign power is generally considered absolute, it can be subject to certain limitations imposed by constitutional frameworks, international treaties, or judicial review. However, these limitations vary across different legal systems.

The limits to sovereign power can include constitutional provisions protecting individual rights, separation of powers, checks and balances, and adherence to international law and human rights standards.

Sovereign power can be transferred or delegated in certain circumstances, such as through treaties, agreements, or the establishment of supranational organisations like the European Union, where member states voluntarily share some aspects of their sovereignty.

In general, a country’s sovereign power cannot be revoked or taken away by external forces. However, in exceptional cases, such as military occupation or international intervention, the exercise of sovereign power may be temporarily suspended or limited.

Individuals can challenge the exercise of sovereign power through legal means, such as filing lawsuits, petitions, or participating in peaceful protests. However, the success of such challenges depends on the specific legal and political context.

Conflicts between sovereign powers of different countries are typically resolved through diplomatic negotiations, international treaties, or, in extreme cases, through international courts or arbitration.

While sovereign power grants significant authority to governments, it does not provide immunity from international human rights obligations. Governments are expected to exercise their sovereign power in a manner consistent with human rights standards and can be held accountable for violations.

The change or abolition of a country’s sovereign power typically requires significant political and legal processes, such as constitutional amendments, revolutions, or the dissolution of a state. However, such changes are rare and often require broad consensus among the population.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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