Popular sovereignty definition

Popular sovereignty means that people are governed by laws of their own creation. The people can make law directly, by referendum, or indirectly, by electing representatives who make laws on their behalf.39 Given the inevitability of judicial lawmaking, there is inherent tension between judicial review and popular sovereignty because judge-made law is not made by “the people.”40 Other things being equal, the tension between judicial review and popular sovereignty is mitigated when the outcome of judicial lawmaking is subject to modification by a popularly elected legislature. In contrast, the tension between judicial review and popular sovereignty is exacerbated when the product of judicial lawmaking is not subject to revision by an elected legislature.
Popular sovereignty means absolute power is invested in the (Congress/people).

Examples of Popular sovereignty in a sentence

  • Popular sovereignty, however, was unacceptable to those who wanted a definite limit placed on the expansion of slavery.

  • Kelly, 'Popular sovereignty as state theory in the nineteenth century' in R.

  • Popular sovereignty as a principle that guides constitutional interpretation can, however, cut both ways — it can work either to limit or extend the operation of a constitutional right, depending on the nature of that right and the context in which it arises.

  • Popular sovereignty can be seen as the level of influence the consumer has over both the consumption and the production of energy, as well as the existence of policies and support schemes that support them in this role.

  • Likewise, the rule of law is perceived as a limitation on the collective will of the nation.101 Popular sovereignty also challenges the system of checks and balances and the balance of powers.

  • If this be true concerning slavery, it must, also, be true concerning polygamy.Utah cannot be excluded upon any theory of power which would not, also, authorize the exclusion of any new Slave State.53 Popular sovereignty, much to the Southern representatives’ chagrin, had become permanently linked to the unsavory issue of polygamy in Utah.

  • Popular sovereignty, on the other hand, is a concept about the legitimacy of a state.

  • Popular sovereignty thus always haunts the imposition of law; the questions of legitimacy and autonomy present themselves again and again.

  • Popular sovereignty is a foundational principle of democratic constitutionalism, yet schol- ars in multiple fields have reached little consensus about how “the right of the people to make and to alter their constitutions” operates empirically (Washington [1796] 2008).

  • Popular sovereignty is the principle that governmental authority is derived from the people.

Related to Popular sovereignty

  • Covered veteran means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

  • Quasi-Sovereign means an entity 100% guaranteed by a Sovereign or more than 50% directly or indirectly owned by a Sovereign. *

  • Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

  • Uniform Commercial Code jurisdiction means any jurisdiction that had adopted all or substantially all of Article 9 as contained in the 2000 Official Text of the Uniform Commercial Code, as recommended by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, together with any subsequent amendments or modifications to the Official Text.

  • Sovereign Risk means nationalization, expropriation, currency devaluation, revaluation or fluctuation, confiscation, seizure, cancellation, destruction or similar action by any governmental authority, de facto or de jure; or enactment, promulgation, imposition or enforcement by any such governmental authority of currency restrictions, exchange controls, taxes, levies or other charges affecting a Fund's Assets; or acts of armed conflict, terrorism, insurrection or revolution; or any other act or event beyond the Custodian's or such other Person's control.

  • Licensed health care practitioner means a physician, as defined in Section 1861(r)(1) of the Social Security Act, a registered professional nurse, licensed social worker or other individual who meets requirements prescribed by the Secretary of the Treasury.

  • Infectious Disease means an illness that is capable of being spread from one individual to another.

  • Genetic information means, with respect to any individual, information about such individual’s genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual. Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. Any reference to genetic information concerning an individual or family member of an individual who is a pregnant woman, includes genetic information of any fetus carried by such pregnant woman, or with respect to an individual or family member utilizing reproductive technology, includes genetic information of any embryo legally held by an individual or family member. The term “genetic information” does not include information about the sex or age of any individual.

  • Iatrogenic infertility means an impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes.

  • Anti-Static Product means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. “Anti-Static Product” does not include “Electronic Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition of “Aerosol Coating Product” or “Architectural Coating.”

  • Adult abuse means the willful infliction of physical pain, injury or mental anguish or unreasonable

  • Cosmetic Surgery means any Surgery, service, Drug or supply designed to improve the appearance of an individual by alteration of a physical characteristic which is within the broad range of normal but which may be considered unpleasing or unsightly, except when necessitated by an Injury.

  • Traffic infraction means a violation of law punishable as provided in § 46.2-113, which is neither a

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Biologically-based mental illness means schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, and panic disorder, as these terms are defined in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association.

  • Clean air standards, as used in this clause, means:

  • Corrupt and Fraudulent Practices means either one or any combination of the practices given below;

  • Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.

  • Therapeutic interchange means an authorized exchange of therapeutic alternate drug products in accordance with a previously established and approved written protocol.

  • Licensed health care provider means a physician, physician assistant, chiropractor, advanced registered nurse practitioner, nurse, physical therapist, or athletic trainer licensed by a board.

  • the 1999 Act means the Greater London Authority Act 1999;

  • Crime-related prohibition means an order of a court

  • polygamous marriage means any marriage to which paragraph 5 applies;

  • Sovereign means any state, political subdivision or government, or any agency, instrumentality, ministry, department or other authority (including, without limiting the foregoing, the central bank) thereof.

  • Occupational Health and Safety Act means the Occupational Health and Safety Act, 1993 (Act No 85 of 1993);

  • Auricular acupuncture means the subcutaneous insertion of sterile, disposable acupuncture needles