constitutional sovereignty

Constitutional sovereignty is a political concept that asserts a government's authority is defined and limited by a body of laws, or a constitution. This idea aims to prevent arbitrary rule by establishing mechanisms that dictate who can govern, how they can govern, and for what purposes.12

Historically, thinkers like Jean Bodin and Thomas Hobbes explored sovereignty as supreme power. Later, John Locke and Jean-Jacques Rousseau developed the concept of popular sovereignty, where ultimate authority rests with the people. In the United States, this evolved into constitutional sovereignty, where the Constitution itself is the supreme law, with power divided between federal and state authorities. This system is complex, as the Constitution's interpretation and amendment involve multiple entities, including Congress, states, and conventions.3

The influence of European constitutionalism has extended globally, with many former colonies adopting constitutions similar to those of their colonizers. However, the success of these constitutional governments has varied, with nations formerly under British rule often showing more stability than those under other European powers.4