عنوان المقال عربي
مؤسس ومؤسس الفكر الدستوري
Abstract
The discussion of the history of the emergence and establishment of the constitution is linked to the history of the emergence of the founding authority, given that it is concerned with its production and manufacture. In this context, the question arises about the precedence of the emergence of the authority (original - constituent). Did the emergence of the constituent authority precede or follow the emergence of the constituent authority? Certainly, the answer to this question is linked to the history of the emergence of the principle of separation of powers at the hands of Montesquieu. Returning to this history, we find that the constituent authority was not known at that time, and Jean-Jacques Rousseau 33 Montesquieu did not speak about it. The philosopher spoke about the legislative, executive, and judicial authority, but he did not speak about the source of their legitimacy and who is responsible for establishing the boundaries between them? (1) A section of jurisprudence (2) goes to the fact that the French thinker “Emmanuel Joseph Sieyès” was the first to speak before the National Assembly in 1788 about the necessity of distinguishing between the “original” creative authority and the “constituent” created authority, emphasizing that this distinction gives the created authority legitimacy as it exercises its work, and also establishes the protective boundaries against the aggression of any of them on the jurisdiction of the others, otherwiseIt was subject to the penalty of illegality and invalidity of the procedure.
Keywords
Constitutional Thought, Constitution, constituent authority
Recommended Citation
Al-Shukri, Ali Youssef
(2025)
"Founder and founder of constitutional thought,"
Uruk for Humanities: Vol. 8:
Iss.
3, Article 23.
Available at:
https://muthuruk.mu.edu.iq/journal/vol8/iss3/23
