ABSTRACT
This chapter reviews the general debate on sovereignty in the United Kingdom. It argues that much of the literature fails to pay attention to the reasons why Parliament should or should not be regarded as sovereign, and fails to address the reasoning on this issue from writers of preceding generations. The modern academic debate on sovereignty has been conducted between upholders of what has become known as the traditional or old view and proponents of the new view. The chapter evaluates the case-law on sovereignty and the EEC, culminating with a detailed examination of the Factortame litigation and its implications for sovereignty in other areas. The decision of the House of Lords in the Factortame case is clearly of central importance for the whole issue of sovereignty and the EEC. The case returned to the House of Lords to be reconsidered by them in the light of the preliminary ruling given by the Court of Justice.
