Legal Definitions - sovereign right

A sovereign right refers to a unique and inherent power or authority that belongs exclusively to a government or its official agencies. This special power enables the government to carry out its essential duties and functions for the benefit and welfare of the public.

It is important to distinguish a sovereign right from ordinary rights that a government might possess, such as owning property, entering into contracts, or operating a business. While a government can do these things, those are proprietary rights that any private individual or organization could also hold. A sovereign right, by contrast, is fundamental to the government's role as a governing entity and cannot be exercised by private parties.

• Example 1: Eminent Domain

  Imagine a rapidly growing city that needs to build a new public high school to accommodate its increasing student population. A specific plot of land, currently owned by a private citizen, is identified as the ideal location. If the landowner refuses to sell, the city can invoke its sovereign right of eminent domain to acquire the property. The city must provide just compensation to the landowner, but it can legally compel the sale because building a public school serves a vital public benefit. A private developer, even if planning a beneficial project, would not possess this power to force a sale.

• Example 2: Taxation

  Consider a national government that needs to fund its essential services, such as maintaining roads, providing healthcare, and ensuring national defense. To do this, the government exercises its sovereign right to levy taxes on its citizens and businesses. This includes income taxes, sales taxes, and property taxes. This power to compel financial contributions from the populace is exclusive to a sovereign government and is crucial for funding public services and functions. No private organization, regardless of its size or purpose, has the legal authority to demand taxes from individuals or businesses.