Re-examining Sovereignty: From Classical Theory to the by Hideaki Shinoda (auth.)

By Hideaki Shinoda (auth.)

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Instead, the issue of sovereignty in the United States continued to remain the subject of vexed debate between the offspring of the two positions. The advancement of constitutional sovereignty The orthodox understanding of sovereignty in America after the ratification of the US Constitution was manifested by the Supreme Court in the case of Chisholm v. Georgia (1792). It pronounced: ‘The United States are sovereign as to all the powers of government actually surrendered. ’63 This theory of divided or coexisting sovereignty remained the orthodox position in the United States until the time of the Civil War.

In this period, the rise of political realism implanted the vigorous theory of national sovereignty in the Anglo-American countries. Reluctant acceptance of the theory of national sovereignty during the Cold War led Anglo-American publicists to ignore and eventually to formalise the notion of sovereignty. I shall look into postwar theories of sovereignty in communist and Third World countries in Chapter 7. The chapter shows that during the Cold War and the process of decolonisation, ideological opponents in communist and Third World countries attacked the constitutional understanding of sovereignty.

This might also be characterised as the principle of the ‘golden mean’ between governmental power and community authority, which symbolises a theoretical achievement of the Glorious Revolution. Of course, this does not mean that parliamentarians after the Revolution literally followed Lockean theory. However, it is fair to say that Locke completed a theoretical foundation of constitutionalism and continued to be influential in Anglo-American political thought. This may not be ‘glorious’ from other ideological viewpoints, as it seems historically true that the ‘golden mean’ is a conservative ideology after the Glorious Revolution.

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