 The popular dimensions of the constitutional code appear to run contrary to the legal positivism commonly associated with Bentham’s utilitarianism, which implies a theory of sovereignty that requires that power be located in the hands of the legislator, however constituted, and stipulates that all laws are imperative and depend for their enforcement on coercive sanctions. Rosen has argued that as early as A Fragment on Government, Bentham rejected the Hobbesian idea of sovereignty based on simple command and obedience, in which the sovereign is necessarily a single, unified supreme power, in favour of “the notions of the legal limitation and division of sovereign power” (Rosen 1983, 41, 44).