Methods of the establishment of constitutions and the mechanisms that govern Status of the constitutional document
Keywords:
- Constitutions. - constitutional referendum. - democratic method. - ruler.Abstract
Abstract: The non-democratic method in the emergence of constitutions is represented in the grant method, which is tantamount to a relinquishment by the ruler of some of his powers in the form of a grant or a gift to the people, while the other method is the contract between the ruler and the people following a revolution or coup. In compliance with the ruler, he loses all his powers. As for the first democratic method in the emergence of constitutions, it comes through the original Constituent Assembly (the Constituent Assembly) elected by the people, and when this assembly finishes its work, it becomes a constitution in effect without the approval of the ruler or other authorities. As for the second, it comes from The way of the constitutional referendum is to draft the constitution through a constituent assembly chosen by the people, a parliamentary committee, or a technical committee. . Accordingly, the authority to draft the constitution in the original Constituent Assembly is absolute, and jurisprudence goes against all the matters it contains by not obligating this body with any proposal that is put before it, because it is an original and sovereign authority, and chosen by the people, but there are some difficulties that the drafters of the constitution face due to lack of knowledge of all the details, In this case, it is possible to seek help from old constitutions, or to rely on an old, pre-existing text, in order to comprehend all the matters contained in the constitution, and in order for the constitutional document to be awe-inspiring, for the constitution to enjoy formal and substantive sublimity, and to include the principle of legitimacy
References
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