sovereignty

In jurisprudence, Bodin and Hobbes described the sovereign as the supreme power in the State, and John Austin defined law as the command of a sovereign, a determinate superior habitually obeyed by the bulk of society and not habitually obedient to any other. In international law, sovereignty means a State's independence and equality with other States (Article 2(1), UN Charter).

Austin's theory does not fit federal constitutions like India's, where power is divided and limited. The Preamble places sovereignty in the people (“We, the people of India”), the Constitution is supreme, and all organs act within constitutional limits subject to judicial review.

Example

Under India's Constitution, sovereignty rests with the people, and Parliament's power to amend is limited by the basic structure.

In Indian law

• Preamble, Constitution of India; Article 2(1), UN Charter

See also

legal positivism · sovereign immunity · basic structure doctrine

Read more in the study notes

• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Public corporations and public undertakings: status, classification, liability and control (Administrative Law)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)