ABSTRACT
The classical definition of sovereignty, offered from a constitutional law rather than a jurisprudential perspective, is that of AV Dicey (1885). Dicey had been critical of John Austin’s account of sovereignty, arguing that Austin confused political and legal sovereignty. From a legal-theoretical point of view, it remains imperative to separate the political from the legal and to recognise that, as matters stand, legal sovereignty remains with the United Kingdom Parliament, although there may be political restraints which effectively inhibit the exercise of those powers. On sovereignty, Dicey stated:
The principle of parliamentary sovereignty means neither more nor less than this: namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.
