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SOVEREIGN POWER

Volume 17 · 155 words · 1797 Edition

Sovereignty, is the power of making laws; for wherever that power resides, all others must conform to it; and be directed by it, whatever appearance the outward form and administration of the government may put on. For it is at any time in the option of the legislature to alter that form and administration by a new edict or rule, and to put the execution of the laws into whatever hands it pleases: and all the other powers of the state must obey the legislative power in the execution of their several functions, or else the constitution is at an end.

In our constitution the law ascribes to the king the attribute of sovereignty; but that is to be understood in a qualified sense, i.e., as supreme magistrate, not as sole legislator; as the legislative power is vested in the king, lords, and commons, not in any of the three estates alone.

SOU. See Sol.