Legal Definitions - popular sovereignty

Popular sovereignty is a foundational principle in democratic systems, asserting that the ultimate authority of the state and its government rests with the people. It means that the people are the source of all political power, and governments are legitimate only when they operate with the consent and on behalf of the governed. This principle is often expressed through mechanisms that allow citizens to elect representatives, participate in law-making, or establish the fundamental framework of their government.

• Example 1: National Elections

  In a country holding a general election, citizens over the age of majority cast their votes to choose their president and members of the legislature. The individuals who win these elections then form the government and create laws.

  This illustrates popular sovereignty because the power to govern is directly granted by the people through their ballots. The elected officials derive their authority from the voters, and if they fail to represent the people's will, the populace retains the power to elect new representatives in subsequent elections, thereby reaffirming their ultimate authority.

• Example 2: Citizen Referendum on a Law

  A state legislature proposes a new law to significantly increase funding for public education through a dedicated sales tax. Instead of simply passing the law themselves, the legislature puts the measure to a statewide referendum, allowing all registered voters to directly approve or reject the proposed tax increase.

  This demonstrates popular sovereignty by allowing citizens to directly exercise their supreme power over a specific policy decision. Rather than delegating the choice solely to their elected representatives, the people themselves make the final determination, highlighting that the ultimate authority for such significant decisions resides with the populace.

• Example 3: Constitutional Preamble

  The preamble of a newly established nation's constitution begins with the phrase, "We, the people of [Nation's Name], do ordain and establish this Constitution for the governance of our nation..."

  This opening statement explicitly declares that the constitution itself, and by extension the entire governmental structure it creates, derives its authority and legitimacy directly from the citizens. It signifies that the government is not imposed by an external power, a monarch, or a select elite, but is rather created and empowered by the collective will and agreement of the people it serves.