Sovereignty: A Legal Perspective

Abstract

In this paper Sir Kenneth Keith considers five matters relating to sovereignty: the word, the facts, the law, the constitution, and information, including education. The author emphasises that this a time of remarkable, revolutionary change. In his discussion of the word, Sir Kenneth examines how several members of the House of Lords stated their understanding of the doctrine of parliamentary sovereignty, and the impact of European law on this doctrine. The author then turns to the relevant facts, in which he illustrates how the extensive movement of people, goods, services and finances into and out of New Zealand cannot be totally governed by the law of any single state. The discussion of the law then emphasises the making and implementation of international treaties, followed by an explanation of the constitutional roles of the executive and legislature in this process. On the fifth matter discussed – information – Sir Kenneth explains how the drastic changes in this area involve major responsibilities for those involved in both legal education and in many disciplines in addition to law.

Abstract by Juliet Bull

Keywords: Sovereignty, Westphalia, nation state, treaty making, treaty implementation, legal education

JEL Classification: K30, K33, K39