Monistic theory of sovereignty
Also called: Austin's theory of sovereignty · Topic: State, Government and Governance: Organs, Levels and the Citizen · NCERT: Beyond NCERT
Meaning
The monistic theory of sovereignty says that every state has one clear sovereign. John Austin put it forward in 1832. Most people in society habitually obey this sovereign, and the sovereign obeys no one. Its power is absolute and cannot be divided, and its commands are law. "Monistic" means power sits in one single place.
Example
Critics say no such single sovereign can be found in federal, constitutional states such as India or the USA. In India, power is divided between the Union and the states. Courts can strike down laws through judicial review. Even Parliament cannot change the basic structure of the Constitution.
Don't confuse with
- Pluralist theory of sovereignty: pluralists such as Laski, Maitland and Figgis say sovereignty is neither absolute nor held by the state alone, because associations such as churches and trade unions also win people's loyalty. Austin's theory says sovereignty is single and indivisible.