This article examines the historical and conceptual development of the idea that corporations can function as sovereigns in legal and political systems. Garrett traces how, over the last two centuries, corporate entities have accumulated certain powers and immunities traditionally associated with state authority, including regulatory influence, contractual autonomy, and political presence.
The article situates the corporate sovereign metaphor within broader debates about the nature of sovereignty, corporate governance, and state regulation. Drawing on case law, statutory frameworks, and comparative legal history, Garrett analyzes how courts and policymakers have articulated the boundaries of corporate autonomy and public accountability. The study explores how legal doctrines related to entity power, economic liberty, and public purpose have shaped understandings of corporate authority in both domestic and international contexts.
By contextualizing corporate sovereignty within legal tradition rather than fringe reinterpretation, the article provides a foundation for assessing the doctrinal limits of corporate influence and the responsibilities that accompany corporate legal personality. This work has been cited in discussions of corporate governance, public law, and institutional authority.
Citation
Garrett, A. D. (2008). The corporation as sovereign. American University Law Review, 57, 221–270.
American University Law Review (PDF)