Question
Which of the following is not a basic feature of
“Command theory given by Austin?Solution
Austin’s theory of law says that Law is a command of the sovereign and has a sanction behind it, therefore, all the subjects have a duty to abide by it/ The concept of Improper laws has been defined by Austin but not as a part of his definition and basic feature of Command theory given by him. The basic features of Command theory are: • Command (by political superiors). • Duty (imposing duty on political inferiors). • Sanction. • Sovereignty. Law is command of sovereign which implies- Duty& Sanction
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