A new vision in constitutional science

Abstract

Our vision is based on the fact that constitutional law does not enjoy the existence that the constitution enjoys, and if most of the studies have been preoccupied with considering its subjects as legal rules, then we have an opinion that contradicts and contradicts that, as we do not see in it a law in the technical sense of the word, but rather it is a science, and if we exclude the opinion that It is condemned by a minority of natural law jurists - everyone's feeling of respect for the constitutional rule is sufficient for it to acquire a legal character - we do not see constitutional law except in the idea of constitutional science that examines what it was - how the state arose, what is the origin of its existence, what is the idea of the constitution, what is the value of its rules and what are they what it is; It also examines - what is an object - what is the form of the state, what are the characteristics of this form, and what are the elements that distinguish it from other forms of states. And what is the adaptation of the system of government, the description of the government and its divisions in terms of the source of sovereignty and the exercise of the sovereign’s authority, and the images of the rights and freedoms of individuals - in addition to his research on what will be - shows to what extent the implementation takes place in accordance with the provisions of the Constitution and the laws complementing it or to what extent the application takes place away from these provisions. Thus, whoever undertakes research in this science must be familiar with the history of the idea of the state. It is also necessary to know the developments that took place in history and affected the course of life in countries - their constitutions- as well as, to know the laws of nations and their environments and the impact of different systems in them. This requires guidance from the results of the theories that reached and affected those countries. An example, whoever sets himself as a legislator for his country cannot be truly useful and productive, unless he is familiar with legal sciences and ancient and modern laws, and takes note of these laws and the extent of their impact on different environments and knowledge of their compatibility or conflict with the nature of nations. From the foregoing, it can be said that constitutional science is a science that everyone who wants to understand the state, the constitution and the various systems of government should know, predict their effects, and have a role in applying them correctly.