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Working towards Irish Unity

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What Is Sovereignty?

by Peter Irvine

Sovereignty is the highest political authority of a nation.

It is the right of a people to govern itself, to make its own laws, to control its own territory and to determine its own future without being subject to the final authority of another power.

A sovereign nation may create institutions. It may elect governments, establish courts and delegate powers to national, provincial, regional or local bodies acting on its behalf. None of these things destroys sovereignty. Delegation, including subsidiarity, is not national surrender.

A government does not possess sovereignty in itself. It exercises authority and has legitimacy only insofar as that authority comes from the nation and is ordered towards the nation’s interests. If it governs on behalf of a foreign power, a superior external authority or a particular class against the nation as a whole, then it has departed from its proper function. The nation is not the property of the government. A legitimate government is the servant of the nation.

This is why sovereignty is not the same thing as administration. A people may have offices, ministers, assemblies, councils, elections and public bodies, while still lacking sovereignty in the true sense. The essential question is not whether a people is allowed to manage certain affairs. The essential question is where final authority lies.

If final authority lies outside the nation, then the nation is not sovereign.

Sovereignty is therefore more than efficient management. It is more than local control. It is more than permission granted under the law of another power. A subject people may be permitted to vote, speak, organise and administer, but permission is not freedom.

A sovereign nation does not hold its rights by favour. Its right to national freedom is not created by any external parliament, treaty, settlement or constitutional arrangement. It is an inalienable and indefeasible right.

Inalienable means that it cannot be given away.

Indefeasible means that it cannot be annulled or made void.

A nation may fail to exercise its sovereignty. It may be conquered, divided, deceived, misgoverned or restrained by force. But none of these things destroys the right itself. They merely obstruct it.

Full sovereignty also cannot be made conditional upon mechanisms designed by another power. A nation’s right to govern itself does not begin only when an external authority permits it to be discussed. It does not depend upon a sectional veto, a temporary majority inside an artificial unit or the continued consent of those who benefit from denying it.

The people of a nation matter in all their parts. No serious understanding of sovereignty treats any community as disposable. But sovereignty belongs to the nation as a whole, not to a fragment of it separated and then treated as if it were a separate source of national authority.

A sovereign nation must also possess authority over its own public order. If the force which enforces law in part of the national territory derives its ultimate authority from elsewhere, then sovereignty is not complete. The uniform may be local, the accents may be local, the offices may be local and the language of consent may be carefully arranged, but the decisive question remains the same: whose authority stands behind it?

Sovereignty should never be mistaken for isolation. A sovereign nation may trade, co-operate, sign treaties and live in friendship with other nations. It may enter agreements and accept obligations for practical purposes. But it does so freely, as a nation standing in its own right, not as a nation subject to the superior authority of another power.

Sovereignty, therefore, is best understood as the political expression of nationhood.

If a nation exists, it possesses the right to govern itself.

That right is not granted from outside. It is not divisible at the convenience of another power. It is not cancelled by conquest, partition, settlement or delay. It is inalienable and indefeasible.

Anything less is not sovereignty, but merely administration within limits.