Sovereignty at the Beginning of the 21st Century: Fundamental or Outmoded?

Abstract

Sir Kenneth Keith here discusses sovereignty, particularly parliamentary sovereignty, within national constitutions, notably those of the United Kingdom and New Zealand. This includes a discussion of the impact of European law and institutions on the British Constitution. The author then considers sovereignty in international law, particularly the impact of that body of law on national law. He begins with a brief word on whether we can sensibly think of states as being sovereign in relation to one another. Following this is a consideration of the roles of parliaments and national courts as they become increasingly conscious of the overriding international obligations placed upon states. The chapter concludes with a reminder to question our use of the word sovereignty, in order to prompt a greater clarity and a new way of thinking to add to the established ways.

Keywords: sovereignty, parliamentary sovereignty, international law, United Kingdom Constitution, New Zealand Constitution

JEL Classification: K30, K33, K39