Author(s): Mohammad Khorshid Tawfiq

Abstract: The constitution is the fundamental pillar upon which the legal state is based. Its ultimate goal is to define the legal characteristics of the system of government, beginning with defining the form of the state and the conditions for assuming and transferring power, then organizing authorities horizontally and hierarchically within the state, defining their powers, the rights and freedoms of individuals, and their relationship with those authorities. The constitution does not adopt a particular organization over another in vain. Rather, it is the product of a proven successful experience that the constitution hopes to transfer society to, or change its situation from a state under which it was groaning to another state to which it aspires. Therefore, constitutional philosophy—that is, the theories, objectives, and principles adopted by the drafters of the constitution—represents the reference used to determine the purpose of adopting each approach and what the constitution aspires to achieve. There is no doubt that this constitutional philosophy casts its shadow over all the functions of the state and its institutions, and leaves its impact on the society that adheres to it. Legislation is no exception to this rule. It is directly influenced by the goals and principles established by the constitution, to organize the state's powers according to the orientation of the founding authority to favor one authority over another, or even to unify and concentrate them under the banner of a specific body, or a ruler who alone manages the affairs of the state and consolidates all its powers within his grasp. In addition, it regulates the relationship of the individual with the state and its institutions. If the constitutional view of the individual makes him a citizen, he can participate extensively in governance, or this participation can be restricted. In the latter case, the individual's role is limited to electing his representatives, or whoever assumes power, and then his role ends. He does not participate in decision-making or drafting legislation later on, in addition to indirectly influencing the interpretation of constitutional texts, monitoring the legitimacy of laws, or their application and implementation. All of these influences stem from a philosophy inherent in the constitutional texts, casting a shadow over the quality of the state's legislation. This quality is sought by every legislator, as it signifies organization and stability in society, commitment to the principle of legal security, the principle of legitimate trust... and other goals that the legislator aspires to achieve through its application.

DOI: 10.22271/2790-0673.2025.v5.i1c.186

Pages: 257-260 | Views: 38 | Downloads: 14

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