Sovereignty Guide, Meaning , Facts, Information and Description
Sovereignty is the exclusive right to exercise supreme authority over a geographic region or group of people, such as a nation or a tribe. Sovereignty is generally vested in a government or other political agency, though there are cases where it is held by an individual. A monarch who rules a sovereign country can also be referred to as the sovereign of that country.
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2 Different views of sovereignties 3 Sovereignty and federalism 4 See also |
Sovereignty in certain contexts
In international law, the important concept of sovereignty refers to the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty the ability in fact to do so (which becomes of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and rest in the same organization). Foreign governments recognize the sovereignty of a state over a territory, or refuse to do so.
For instance, in theory, both the People's Republic of China and the Republic of China considered themselves sovereign governments over the whole territory of mainland China and Taiwan. Some foreign governments recognize the Republic of China as the valid state, most now recognize the People's Republic of China. However, de facto, the People's Republic of China exercises sovereign power over mainland China, while the Republic of China exercises sovereign power over Taiwan. Since ambassadorss are only exchanged between sovereign high parties, the countries recognizing the People's Republic often entertain de facto but not de jure diplomatic relationships with Taiwan by maintaining 'offices of representation', such as the American Institute in Taiwan, rather than embassies there.
Tribal sovereignty refers to the right of tribes or of federally recognized American Indian nations to exercise limited jurisdiction within and sometimes beyond reservation boundaries.
The etymology of the word sovereignty, with origins in the Latin super, conveys the idea of "overness".
In some regions of the world, such as Quebec, the word "sovereignty" has become the preferred synonym for national independence. Compare the Maori term rangatiratanga, and the concept of self-determination.
Different views of sovereignties
There exist vastly differing views on the moral bases of sovereignty. These views translate into various bases for legal systems:
The key element of sovereignty in the legalistic sense is that of exclusivity of jurisdiction.
Specifically, when a decision is made by a sovereign entity, it cannot generally be overruled by a higher authority. Further, it is generally held that another legal element of sovereignty requires not only the legal right to exercise power, but the actual exercise of such power. ("no de jure sovereignty without de facto sovereignty") In other words, neither claiming/being proclaimed Sovereign, nor merely exercising the power of a Sovereign is sufficient, sovereignty requires both elements.
Federal systems of government, such as that of the United States of America, sovereignty also refers to powers a state-government has independently of the federal government.
The question whether the individual states, particularly the so-called 'Confederate States' of the American Union remained sovereign became a matter of debate in the USA, especially in its first century:
Sovereignty and federalism
Quotes from the 1911 Encyclopędia Britannica.
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