John Austin’s theory of sovereignty

John Austin’s theory of sovereignty

 John Austin is an English jurist.
 He has given the definition of law and sovereignty.
 Law is a command of a superior to an inferior.
 State and sovereignty is superior. People are
inferior.
 John Austin’s theory of sovereignty
 Austin has given is ideas of sovereignty as,
 “ If a determinate human superior not in the habit of like superior
obedience but receives habitual obedience from the bulk of given society,
then that society is political and independent and that sovereign is the
determinate human superior.”
 Features:
 Every state has a determinate human superior.
 The human superior will not obey the orders of like superior.
 The entire society will follow the orders of determinate human superior.
 His command is a law.
 Violation of his command will result in punishment.
 The society, which has a determinate human superior, is a political society,
which is independent and free from external control .
 John Austin’s theory of sovereignty
 Broad features-
1. For Austin, the sovereign possesses unlimited
powers.
2. For Austin, the sovereign must be a determinate
authority.
3. For Austin, sovereign is indivisible.
4. For Austin, law is the command of the sovereign.
 John Austin’s theory of sovereignty
 According to prof. Laski, there are three
implications-
1. There is a determinate authority in a state acting
as the ultimate source of power.
2. The power of this determinate authority is
unlimited.
3. Any command or order coming from that
authority is law.
 John Austin’s theory of sovereignty
 drawbacks-

1. Austin’s sovereignty is vague. It is difficult to locate the

determinate human superior.
2. Determinate human superior cannot be absolute. He
cannot violate people’s rights.
3. Austin’s theory of sovereignty is not democratic. It says
that people must obey the sovereign as a habit.
4. It is not applicable in the modern democratic societies. It
is opposed to the idea of popular sovereignty.
 Organs of the Government:
-government is one of the elements of the state.
-government is the agent of the state.
-the state is run through the government.
-the government has three organs.
1. The legislature
2. The executive
3. The judiciary
 Legislature
 Legislature-one of the important organs of the
government.
 Functions-

1. law making functions:

-legislature enacts the law in a country.
-legislature amends the law.
-legislature repeal the law.
-it is the legislature that makes laws, amend and repeal
laws in parliament. It is entrusted with law making
powers.
 Legislature-
-Financial functions:
1. Legislature has the control over the budget.
2. Public exchequer is under the control of the legislature.
3. Legislature fixes the taxation policy.
4. Money bill is passed by the legislature.
-judicial functions:
Legislature has the power to impeach high officials like
judges of court for their misconduct.
-electoral functions: president of india.
 legislature-
-legislature has some kinds:
1. Bi cameral legislature-
-If a parliament or house has two chambers, it is known as
bicameral legislature.
-lower house and the upper house.
-normally, members in lower house are directly elected by
the people while upper house members are nominated.
2, unicameral legislature-
-a house having one chamber is unicameral.
-china.