Sovereignty and the Law: Domestic, European and International Perspectives

ISBN : 9780199684069

Richard Rawlings; Peter Leyland; Alison L. Young
368 ページ
162 x 237 mm

The topic of sovereignty is contentious, and one of enduring interest. In a world of ever increasing economic globalisation, the rise of supranational regulation and the interconnected age of information and communication technology, among many other developments, have challenged the once exclusively held Westphalian model of sovereignty. The distinction between the internal aspect of sovereignty as expressed in terms of ultimate authority in a constitution, and the external aspect involving the relationship between sovereign states has been blurred. This has given rise to contemporary debates that explore the theoretical and practical implications of current challenges to established doctrines. Evidently no book could encompass the entirety of the contemporary debates on sovereignty. This is a book of essays focusing on sovereignty by a team of leading writers contributing domestic, European and international perspectives. The essays have been written at a time of very great testing of the institutional frameworks at every level: domestic, European, international or global. The book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.


1. Introduction: Sovereignty in Question
2. Sovereignty Frames and Sovereignty Claims
3. Why Sovereignty?
4. Parliamentary Sovereignty and Constitutional Change in the United Kingdom
5. Parliamentary Sovereignty Re-defined
6. Is the Rule of Law now the Sovereign Principle?
7. Changing the UK Constitution: The Blind Sovereign
8. "A sort of Farewell": Sovereignty, Transition and Devolution in the UK
9. Referendums, Popular Sovereignty and the Territorial Constitution
10. The UK, the EU and Sovereignty
11. European Restatements of Sovereignty
12. Sovereignties in Strasbourg
13. Sovereignty, Constitutional Dialogues and Political Networks: A Comparative and Conceptual Study
14. Sovereignty in Question: A View from the International Bench
15. Territorial Sovereignty and Territorial Extension in an Inter-Connected World
16. Sovereignty and Private Corporate Power: the Case of Multinational Enterprises
17. Sovereignty and Liberty in the Internet Era


Richard Rawlings is Professor of Public Law, University College London. Honorary Bencher at Middle Temple, Professor Rawlings was Legal Adviser to the House of Lords Constitution Committee 2009-2013; Peter Leyland is Professor of Public Law at London Metropolitan University. Honorary Fellow of Middle Temple, Professor Leyland is Professorial Research Associate at the School of Oriental and African Studies and a visiting professor of public law at SPISA, University of Bologna, LUISS University Rome, Bocconi University Milan, the University of Viena, NIDA and the Council of State in Bangkok. ; Alison Young is a Tutor and Fellow in Law at Hertford College and a Lecturer in Law at the University of Oxford