The Prevailing Legal Concept in the Constitution and Its Impact on Ordinary Legislation: A Comparative Study
Keywords:
: Constitution Legislation Judiciary State AuthoritiesAbstract
The prevailing legal concept in the constitution that predominates among individuals concerning the form of the state, the nature of the system of government, the organization of the powers of the authorities, and the rights and freedoms of individuals. Thus, it represents the philosophical foundation of the system of government and the legal framework for all activities carried out by the public authorities in the state. For this reason, it is sometimes referred to as the governing idea, and at other times as the legally accepted concept in the state. The constitution determines this prevailing legal concept among the members of the political community—explicitly or implicitly—and accordingly, all actions taken by the various state authorities must align with it. The legal system of the state is built upon it, and thus, the constitutional rules derive their importance and supremacy from being a reflection of this idea. If this prevailing idea pertains to the desires and aspirations of the members of the political community regarding the fundamental legal-political system of the state, then it is not fixed, but rather dynamic and subject to change, due to the succession of generations and changing circumstances, according the rights and freedoms recognized in the civilized world.
References
References:-
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