Why do criminal trials and nations claim to act in the name of the people?

Cultures · Published 30 September 2026 Swipe more like this →

In short: The word people is more than a collective noun; it is a potent political instrument. From the ancient Roman Senate to modern socialist republics and American courtrooms, invoking the people serves to locate the ultimate source of sovereignty, transforming a mere crowd into a legitimate, power-wielding political entity.

In legal and constitutional theory, the term carries significant weight. In several U.S. states, such as California, Illinois, and New York, criminal prosecutions are initiated in the name of the people. This practice reflects the principle that the citizenry holds sovereign authority. Conversely, in jurisdictions like the United Kingdom, the Crown serves as the legal sovereign. Other states, including Pennsylvania and Kentucky, utilize the title of Commonwealth to represent their governing body in legal proceedings, while entities like Indiana simply use the State.

The concept of a people is equally vital in international law, where the United Nations Charter recognizes the right of peoples to self-determination. However, this right is notoriously difficult to apply in practice. As judge Ivor Jennings noted, the primary challenge lies in defining exactly who constitutes a people. While the term can refer to an ethnic group or a nation, simply being classified as a people does not automatically grant a group the right to independent statehood or secession.

Political regimes often manipulate the definition of the people to suit their ideological goals. In China, the Chinese Communist Party has historically adjusted the term to reflect shifting alliances. In 1922, it encompassed the proletariat, peasants, and bourgeoisie, but usage fluctuated during the Shanghai Massacre of 1927 and the Second Sino-Japanese War. Following the 1949 establishment of the People's Republic of China, the definition narrowed to include socialist laborers, builders of socialist projects, and patriots committed to national unity. This evolution demonstrates how the label serves as a gatekeeping mechanism for political inclusion.

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