The Social Power of Bodin's 'Sovereignty' and International Law

The word ‘sovereignty��� provides a forceful example of the social power of language as an organic instrument playing a leading role in the continuous and continuing process of creating and transforming human reality. The paper examines a pivotal episode in the history of the word ‘sovereignty��� — its formal introduction in the 16th century by Jean Bodin in his Six Livres de la Republique. It focuses on the social effects ‘sovereignty��� has had on the shared consciousness of humanity, including that of the international community. The proposed metalogical inquiry adopts a method that draws from the hermeneutic school of historical knowledge. The argument is that Bodin used ‘sovereignty��� for the purpose of attributing to the ruler (the French king) supreme power in the hierarchical organisational structure of society. This idea of a pyramid of authority is found in different elements of the discourse in Six Livres de la Republique, which is examined in the immediate context of Bodin’s personal background as well as the extended social, political and intellectual context of 16th century France. The conclusion shows that Bodin’s work was the first seminal step in the development of contemporary ideas of ‘internal sovereignty��� and ‘external sovereignty���. It is thus part of the history of the true power that the word at hand has exercised in framing the international state system and hence the international legal system.

Is Māori food sovereignty affected by adherence, or lack thereof, to Te Tiriti O Waitangi?

Māori food sovereignty was and continues to be severely affected by British colonisation and influence. This situation and its causes, both past and present, will be examined in the context of Māori culture, especially Te Tiriti, a founding document of New Zealand. The general concept of food sovereignty is introduced, and its key principle: having power over one's own food system. A brief history of Māori food systems is necessary as context–their adaptation from Polynesia to New Zealand and later, to European settlement. Te Tiriti and the Treaty of Waitangi are explained: how they were created and why Te Tiriti is authoritative. Then, different aspects of Te Tiriti are linked to various parts of Māori food sovereignty and traditional Māori concepts. Through breaching tuku whenua in Te Tiriti, land issues have arisen: the methods used to confiscate Māori land and the effects this had on traditional food, health and urbanisation are discussed. Culture as taonga is examined: the ways in which losing a food system leads to losing traditions, and how this breaches Te Tiriti. Then the (mostly negative) effects of this shift in food systems on the environment is examined, and how this relates back to taonga as well as the traditional duty of kaitiakitanga and, again, the breaching of Te Tiriti. Lastly, the underlying issue of power is examined in relation to rangatiratanga and overall sovereignty���this is also linked to Te Tiriti.

Parliamentary sovereignty, popular sovereignty, and Henry Parker's adjudicative standpoint

Discussions of popular sovereignty in early modern England have usually been premised upon a sharp distinction between ‘legal/constitutional’ forms of discourse (which merely interpret the law) and ‘political’ ones (which focus upon the right to make it). In such readings of the period, Henry Parker has a pivotal position as a writer who abandoned merely legalistic thinking. This chapter takes a different view. It argues that Parker’s major intellectual achievement was not so much to abandon legal/constitutional discourse as to offer a theorisation of its most distinctive features: he offered an account of a new kind of politics in which concern for ‘interests’ in property and in self-preservation replaced humanist concern with promotion of virtue. Parker drew upon ideas about representation best expressed by Sir Thomas Smith and ideas about law best expressed by Oliver St John. The theory he developed was not intended as a justification of legislative sovereignty, but of adjudicative supremacy. His picture of the two Houses as supreme adjudicators was meant to block the path to direct democracy. But the adjudicative standpoint they came to occupy presupposed that freeborn adults had ‘interests’ in life, liberty, and possessions. This had democratising implications.

The impact of the conquered/settled distinction regarding the acqisition of sovereignty in Australia

Re-examination of the author's 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was 'terra nullius' - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty.

Taking parliamentary sovereignty seriously within a Bill of Rights framework

The Victorian Government has made a commitment to consult with the community on how best to protect and promote human rights in Victoria. To this end, it has established a Human Rights Consultation Committee to undertake this consultation and to report on the desirability or otherwise of enacting a Bill of Rights. The government has, however, indicated its preference for a statutory Bill of Rights and one that preserves the 'sovereignty of Parliament'. This article takes those two government preferences as its baseline and then explores what might follow if the preservation of parliamentary sovereignty is taken seriously within a Victorian rights framework.