Abstract
Sovereignty has to do with at least two realms: that of the norm and that of the fact. This paper assesses sovereignty in its normative and its factual existence. In order to conduct this analysis, the article will introduce first the von Wright’s notions of action and norm. Secondly, the Hofheldian views on rules and facts will be applied to sovereignty. Thirdly, the normative and factual realms will be put together following Kelsen’s thinking on sovereignty. Finally, a sample of current works in legal and political sciences in relation to sovereignty — i.e. the works of MacCormick and Krasner — will show that although these views are only different because they mix factual and normative elements in all cases include a conception of sovereignty that recognises its limited nature. That is because there is no such a thing as absolute state sovereignty.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
