A people is any plurality of persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. [1] The term "the people" refers to the public or common mass of people of a polity. [1] As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty.
Chapter One, Article One of the Charter of the United Nations states that "peoples" have the right to self-determination. [2] Though the mere status as peoples and the right to self-determination, as for example in the case of Indigenous peoples (peoples, as in all groups of indigenous people, not merely all indigenous persons as in indigenous people)[ clarification needed ], does not automatically provide for independent sovereignty and therefore secession. [3] [4] Indeed, judge Ivor Jennings identified the inherent problems in the right of "peoples" to self-determination, as it requires pre-defining a said "people". [5]
Both the Roman Republic and the Roman Empire used the Latin term Senatus Populusque Romanus , (the Senate and People of Rome). This term was fixed abbreviated (SPQR) to Roman legionary standards, and even after the Roman Emperors achieved a state of total personal autocracy, they continued to wield their power in the name of the Senate and People of Rome.
The term People's Republic, used since late modernity, is a name used by states, which particularly identify constitutionally with a form of socialism.
In criminal law, in certain jurisdictions, criminal prosecutions are brought in the name of the People. Several U.S. states, including California, Illinois, and New York, use this style. [6] Citations outside the jurisdictions in question usually substitute the name of the state for the words "the People" in the case captions. [7] Four states — Massachusetts, Virginia, Pennsylvania, and Kentucky — refer to themselves as the Commonwealth in case captions and legal process. Other states, such as Indiana, typically refer to themselves as the State in case captions and legal process. Outside the United States, criminal trials in Ireland and the Philippines are prosecuted in the name of the people of their respective states.
The political theory underlying this format is that criminal prosecutions are brought in the name of the sovereign; thus, in these U.S. states, the "people" are judged to be the sovereign, even as in the United Kingdom and other dependencies of the British Crown, criminal prosecutions are typically brought in the name of the Crown. "The people" identifies the entire body of the citizens of a jurisdiction invested with political power or gathered for political purposes. [8]
A country is a distinct part of the world, such as a state, nation, or other political entity. When referring to a specific polity, the term "country" may refer to a sovereign state, states with limited recognition, constituent country, or a dependent territory. Most sovereign states, but not all countries, are members of the United Nations. There is no universal agreement on the number of "countries" in the world since several states have disputed sovereignty status, limited recognition and a number of non-sovereign entities are commonly considered countries.
The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh International Conference of American States. At the conference, United States President Franklin D. Roosevelt and Secretary of State Cordell Hull declared the Good Neighbor Policy, which opposed U.S. armed intervention in inter-American affairs. The convention was signed by 19 states. The acceptance of three of the signatories was subject to minor reservations. Those states were Brazil, Peru and the United States.
A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
A territorial dispute or boundary dispute is a disagreement over the possession or control of territories between two or more political entities.
Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of a dependent territory or colony. The commemoration of the independence day of a country or nation celebrates when a country is free from all forms of colonialism; free to build a country or nation without any interference from other nations.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The right of self-defense is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including, in certain circumstances, the use of deadly force.
The Constitution of the Republic of Croatia is promulgated by the Croatian Parliament.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
Australian Indigenous sovereignty, also recently termed Blak sovereignty, encompasses the various rights claimed by Aboriginal and Torres Strait Islander peoples within Australia. Such rights are said to derive from Indigenous peoples' occupation and ownership of Australia prior to colonisation and through their continuing spiritual connection to land. Indigenous sovereignty is not recognised in the Australian Constitution or under Australian law.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation, in contrast with the concept of a just war.
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. In general, committing an act of aggression is a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, as opposed to those who discharge it.
International law is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.
In Australia, Canada, New Zealand and the United States the term treaty rights specifically refers to rights for indigenous peoples enumerated in treaties with settler societies that arose from European colonization.
Indigenous rights are those rights that exist in recognition of the specific condition of indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the rights over their land, language, religion, and other elements of cultural heritage that are a part of their existence and identity as a people. This can be used as an expression for advocacy of social organizations, or form a part of the national law in establishing the relation between a government and the right of self-determination among its indigenous people, or in international law as a protection against violation of indigenous rights by actions of governments or groups of private interests.
The sovereignty of Canada is, in legal terms, the power of Canada to govern itself and its subjects; it is the ultimate source of Canada's law and order. Sovereignty is also a major cultural matter in Canada. Several matters currently define Canadian sovereignty: the Canadian monarchy, telecommunication, the autonomy of the provinces, and Canada's Arctic border.
A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. It is commonly understood that a sovereign state is independent. When referring to a specific polity, the term "country" may also refer to a constituent country, or a dependent territory.
Article 1 of the Montevideo Convention on Rights and Duties of States, 1 lays down the most widely accepted formulation of the criteria of statehood in international law. It notes that the state as an international person should possess the following qualifications: '(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states'
So far as States are concerned, the traditional definitions provided for in the Montevideo Convention remain generally accepted.