To what extent is Sovereignty a relative concept?

Authors Avatar

To what extent is Sovereignty a relative concept?

Sovereignty is a word with a debateable meaning. National sovereignty is indivisible and is vested and exercised at all levels. Individuals, groups, institutions and heads of state can all embody and exercise this national sovereignty. Hobbes defined Sovereignty as “a monopoly of coercive power” .Sovereignty can be simply defined as absolute and unlimited power. The Constitutional Theorist A V Dicey split sovereignty into Legal and Political sovereignty . Legal sovereignty is based upon the belief that the ultimate and final authority resides in the laws of the state (Heywood, 1999, p91).  Daniel Philpott defined sovereignty as “a polity …((the form of government))… in which a single authority reigns supreme over a people within a bounded territory”. A distinction must be made between authority and power; with legal sovereignty being based on the belief that ultimate and final supremacy lies in the laws of the state (de jure sovereignty). Political Sovereignty though is unconcerned with people’s compliance with the law; being more concerned with the distribution of power (de facto sovereignty); therefore being possessed of the ability to command obedience because it monopolises coercive force. (Heywood, 1999, p91)

        There has Historically always been limits to countries sovereignty; during the ages of both colonialism and imperialism colonies effectively had little sovereignty; at the most having autonomy (a state which could be compared to Welsh devolution, having an assembly not  a legislature capable of making primary legislation).  At the beginning of the 20th century a quarter of the world’s territory was under British Rule.

        Another thing that directly impinges on British sovereignty is the European Union (the EU); a supranational organisation making law above the level of the nation state. EU community law is binding on all member states. The UK is a member in perpetuity, which therefore means that EU law takes precedence over UK law. This principle breaches the sovereignty of the UK, as sovereignty is 'autonomy or freedom from all external control'. The Supremacy of European law over domestic law was demonstrated by the Factortame cases where the Merchant Fishing Act 1988 was overruled by the European Court of Justice.

Join now!

        Another thing that has infringed on Sovereignty (particularly in regards to America (and her allies) in the so called “war against Terror“ is Terrorism. Although the official American line is not to negotiate with terrorists Terrorism most definitely has dominated not just American life but Western life ever since the Twin towers attack on the 11th of September 2001.  For more than forty years President George Bush and his Republican party have objected to the U.N. as a limitation on American sovereignty. The Republicans while in Government have consistently tried to limit this infringement of Sovereignty  by withholding funds legitimately ...

This is a preview of the whole essay