ABSTRACT

This chapter addresses sovereignty, particularly parliamentary sovereignty, within national constitutions, notably those of the United Kingdom and New Zealand; sovereignty in international law; and the impact of that body of law on national law and on parliamentary sovereignty. The International Law Commission has made it crystal clear in its draft articles of 2001 on state responsibility that that proposition is not confined to treaty obligations. Governments and Parliaments in our tradition are very conscious of that overriding international obligation. The chapter considers the roles of parliaments and courts looking outwards, a word about sovereignty in international law. Sovereign equality includes: States are juridically equal; each state enjoys the rights inherent in full sovereignty; the territorial integrity and political independence of the State are inviolable; each state has the right freely to choose and develop its political, social, economic and cultural systems.