Questioning sovereignty. Law, state and nation in the European Commonwealth

Book abstract:

Loss of sovereignty is one of the arguments most often voiced by British Eurosceptics in their fight against the growth and development of the European Union. They claim that the evolution of the European Union is gradually eroding the sovereignty of the United Kingdom, but is this actually the case? In this title from Oxford's 'Law, State and Practical Reason' series Sir Neil MacCormick explores the issues of legal order, state and nationality in the context of the development of the European Union and examines how far these issues have contributed to changes in the idea of national identity.

Although the author applies the institutional theory of law to a general inquiry into the relations of law and state, the primary focus of the book is on the state of sovereignty in Britain. Therefore, the general introductory chapters are followed by a historical and analytical review of the United Kingdom as a union state and of the Benthamite or Diceyan view of its constitution. 'Did the EU undergo a revolution in 1972 when the British government decided to join the European Community?' is the question asked in chapter six, which also examines the significance of the House of Lords' decision that a later Act of Parliament might be disapplied to honour an earlier Community law.

The emphasis then shifts from the United Kingdom onto other Member States and EU institutions with a discussion of the competence of the European Court of Justice and the risks of state-union constitutional conflict in other EU Member States. Chapter eight reviews the idea of 'sovereignty' and analyses the possibilities of transcending sovereignty without fully ceding it to a super-state as suggested by the normative pluralism theory. If such a theory is held to be true it then raises issues of making both democracy and subsidiarity a reality in what is effectively a post-sovereign commonwealth. The next two chapters explore the theory of liberal nationalism, paying particular attention to state acceptable principles of national entitlement and national loyalty. The concluding chapter returns once again to the issue of sovereignty in the United Kingdom but this time the focus is on devolution and the idea that the United Kingdom, as a single state, may well be outdated.

With the emphasis on legal theory, this book is particularly suited to law students but those studying British politics or the European Union would all find this book useful.

Sir Neil MacCormick is Regius Professor of Public law at Edinburgh University and a Member of the European Parliament.