Sovereignty, Facts and Norms

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.