1. The Identity of Law
... sovereign gives a general rule backed by a sanction it is called a law, the positivist law. Eg, Kinf-in-parliament is the sovereign as per Austin. In America, sovereignty resides in the people, not the president or the congress. They exercise the sovereign powers when they ratified and amended the constitution ... of the sovereign is not explained, especially in case of democracies as there is a limit even to the amendment of the constitution. Austin fails on these accounts because of a very personal understanding of sovereignty. This is so because he neglects power conferring rules and ...
- Word Count: 7680
- Approx Pages: 31
- Grade Level: High School