john austin said law is the command of sovereign.
john austin said law is the command of sovereign.
who said law is the command of sovereign?
john austin
thomas aquinas has little difficulty with the idea of both divine positive law and human positive law, since he places no requirements upon the person who posits law that exclude either humans or the divine. however, for other philosophers the idea of both divine and human positive law has proven to be a stumbling block. thomas hobbes and john austin both espoused the notion of an ultimate sovereign. where thomism (and indeed mackenzie) divided sovereignty into the spiritual (god) and the temporal (mackenzie's "supreme power in the state"), both hobbes and austin sought a single, undivided, sovereign as the ultimate source of the law. the problem that this causes is that a temporal sovereign cannot exist if humans are subject to a divine positive law, but if divine positive law does not apply to all humans then god cannot be sovereign either. hobbes and austin's answer to this is to deny the existence of divine "positive" law, and to invest sovereignty in humans, that are — however — subject to divine "natural" law. the temporal authority is sovereign, and responsible for translating divine natural law into human positive law.
positive law
on june 11, 1901, the current supreme court was officially established through enactment of act no. 136, otherwise known as the judiciary law of the second philippine commission. the said law reorganized the judicial system and vested the judicial power to the supreme court, courts of first instance and justice of the peace courts. the said law also provided for the early composition of the said high court, having one chief justice and six associate justices—all appointed by the commission. the philippine organic act of 1902 and the jones act of 1916, both passed by the u.s. congress, ratified the jurisdiction of the courts vested by act no. 136. the philippine organic act of 1902 further provides that the chief justice of the supreme court and its six associate justices shall be appointed by the president of the united states with the consent and advice of the u.s. senate.
supreme court of the philippines