Political authority and sovereignty in the state from a constitutional perspective
Abstract
The topic of "Political Authority and Sovereignty in the State from a Constitutional Perspective" revolves around the question of what is the third existential pillar of the state. To analyze this problem, we must pose several questions that will lead us to this conclusion. The most important of these questions are: Is political authority the third existential pillar of the state? And how can we prove this? During the process of proving this, we need to remove the confusion between the holder of political authority in the state and the one who exercises it, as well as the confusion between political authority and sovereignty in the state. Therefore, addressing the problem of this topic requires clarifying that there is confusion between the holder of political authority in the state and the one who exercises it. The holder of political authority from the legal theoretical perspective is the state, and the one who exercises this authority is the government. This confusion was due to the development regarding the holder of political authority from the actual perspective, especially for that period that was characterized by the unity of the holder of authority and the one who exercises it, represented by the ruler, which clashed with the idea of the continuity of the state, which resulted in the development of this principle. The principle that the nation is the holder of sovereign political authority (the principle of the sovereignty of the nation) appeared to us, followed by the principle that the people are the holder of sovereign political authority (the principle of the sovereignty of the people). Also, the problem of the research requires clarifying that there is confusion between political authority and sovereignty in terms of their being synonymous, because political authority is the third existential pillar of the state and not sovereignty. As for sovereignty, it is considered the main characteristic, feature, or characteristic of political authority, on which most of the other characteristics or features of this authority are based, and it is considered, that is, sovereignty, the main characteristic of the state at the same time.
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