UK Constitutional Law Association
The issue of “Sovereignty” sits at the heart of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (the “Article 50 case”). In the Island of Palmas case (International Law by Vaughan Lowe at page 138 (2007)) the arbitrator described the concept of Sovereignty in the following terms:
“Sovereignty in the relations between States signifies independence. Independence in regard to a portion of the globe is the right to exercise therein, to the exclusion of any other State, the functions of a State.”
In the UK, the functions are that in the domestic sphere Parliament makes the laws, the Courts interpret the laws and the Executive implements the law; in the international sphere, the Executive conducts foreign affairs.
Membership of the EU has raised questions about a loss of Sovereignty by member states. To allay such concerns, the UK ensures it retains the overarching…
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