Note 521 — APPENDIX II. THE THEORY OF SOVEREIGNTY.

As to the possibility of legal limitations of sovereign power, see Jellinek, Das Recht des modernen Staates, I. pp. 432–441; Pollock, Jurisprudence, pp. 270–273; Sidgwick, Elements of Politics, pp. 23–29; 623–638; Bryce, Studies in History and Jurisprudence, II. 71. “Legal sovereignty,” says Dr. Bryce, “may be limited, i.e. the law of any given state may not have allotted to any one person or body, or to all the persons or bodies taken together, who enjoys or enjoy supreme legislative or executive power, the right to legislate or to issue special orders on every subject whatever.” Brown, Austinian Theory of Law, pp. 158–164. “The Austinian position,” says Professor Brown, “that a supreme legislature is incapable of legal limitation, is a position which does not rest, as Austin supposes, upon logical necessities, but upon the humbler ground of expediency.”