SOVEREIGNTY. Supranus is a low Latin word, formed from supra, liko subtranua, another low Latin word, formed from aubtra. (Ducange in v.v.) Theso words, however, though they do not belong to classical Latinity, are formed according to the same analogy as the classical word supernus from super. From supranus have been derived the Italian soprano or savrano, and the French sourerain, from the latter of which has been borrowed the English word sovereign. In the old English writers the word is correctly spelt sorerain or soverein (Richardson in v.); the received orthography seems to be founded on the erroneous supposition that the last syllable of the word is connected with reign, regnum. Milton spells the word sorra'', deriving it from the Italian ; but it passed into our language from the French.
Having explained the etymology of the word sovereign, with its derivative, sovereignty, we proceed to consider the meaning of the term sovereignty as it is understood by political and juridical writers.
In every society not being in a state of nature or a state of anarchy [Allancur ; Soma. CONTRACT], some person or persons must possess the supreme or sovereign power.
The marks by which the possession of the sovereign power may be distinguished are mainly two, the one positivo and the other negative; namely : 1. A habit of obedience to some determinate person or persons, by the community which he or they assume to govern.
2. The absence of a habit of obedience, on the part of the same person or persons, to any person or government.
Whenever these two marks meet in any person or body of persons, such person or body possesses the sovereign power ; on the other hand, if either of the two marks be wanting, the person or body is not sove reign. For example, the local government of Jamaica or Canada, being in the habit of obeying the English parliament, is not a sovereign or supreme government; whereas the governments of the smaller Ger man states, although they may occasionally defer to the wishes of Austria or Prussia, are not in a habit of obedience to these or any other states, and therefore are sovereign governments. Again, a body of persons calling themselves a government, but unable, through their weakness, to secure the habitual obedience of the people, are not sovereign, and would not be recognised as a sovereign government by foreign states.
Inasmuch as it is impossible to fix the precise moment at which a habit of obedience to a foreign government COMM, it is difficult for foreign states to determine when they will recognise the sovereignty of a territory, once dependent, which has achieved its independence.
The sovereign powers include all tho powers which. can be exercised by a government. They include the legislative power, the executive power, the power of - making pricilegia [Lew ; LEGISLATION], the power of declaring peace and war,-and of concluding treaties with foreign states, the power of making contracts with private individuals, and the power of instituting inquiries.
Sovereign power abstractedly is unlimited by any legal check or controL The securities for its beneficial exercise are derived exclu sively from the balance of interests and the influence of public opinion.
Sovereign or supreme governments are divided into MONARCHIES and REPUBLICS; and RErusucs are divided into ARISTOCRACIES and DEMOCRACIES.
It is commonly, but erroneously, thought that the sovereignty resides in every person who bears the name of king ; in other words, that every king is a monarch. Accordingly those kingdoms in which the king is not strictly a monarch are called "limited monarchies;" and the king is supposed to be a sovereign whose power is checked or controlled by certain popular bodies; whereas, in truth, the sovereignty is divided between the king and the popular body, and the former does not possess the entire sovereignty. This subject is further explained in KING, MONARCHY, and ROYALTY.
The subject of sovereignty is well explained in Mr. Austin's 'Pro vince of Jurisprudence determined.' The received doctrines upon the subject will likewise be found in the treatises on international law. The Leviathan' of Hobbes contains a view of the nature of sove reignty, which has been often misunderstood and misrepresented by later writers.