Distinguish between the founding power and the founding power
Whereas after a major socio-political transformation, including the revolution, the formation of an independent government in a land, coups, etc., the existence of a new political treaty between the people and the government that reflects the rights and freedoms of the nation and the new organization of political organizations. A new legal order is needed, new rulers may formulate and approve the new basic norms of society (the constitution) in one of different ways. With the adoption of the new constitution, the old legal order will be abolished and the new order will be established. The latter order will contain the principles and values to which the said transformation has taken place. The above-mentioned principles and norms, which were set by the first founding power of the new government (the founding power), must be observed by the institutions established in the constitution and the people. By establishing the power of revision and the method of revision, the founding power will pave the way for the revision of the constitution so that the powers born of the constitution (the three powers), especially the legislature, will not be able to revise the principles of the constitution like a normal law. The distinction between the founding power and the founding power is a reflection of the substantive and formal difference between the basic norms and the normal norms in a law-governed state. Therefore, before accepting the principle of separation of powers, we must believe in the principle of distinction between the founding power and the founding power.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.