السلطة المؤسسة في المجتمع الدولي

Abstract EN

In fact, jurisprudence has been based on the designation of the authority that establishes the constitutional bond with the constituent authority poureir constituant originare, because when deals with status of the constitution, it creates at the same time different authorities, legislation, executive, the judiciary, those authorities which are called the authorities of an establishment or institution poureirs constitues as distinct from the constituent authority it established.

For the power of constitution making, the doctrine is divided between the original constituent authority and the established constituent authority, which are sometimes called derivative, it is the original constituent authority that establishes the constitution at a time when there is no constitution governing the state.

Hence, this constituent authority is to be an original authority, because it has not starts its task by relying on the provisions of a previous constitution.

The original constituent authority shows its basis in two cases: The First: when a new constitution is created and the first constitution is to be drawn up.

The Second: it is a revolution that entails the overthrow of the existing constitution, in this case, the old constitution cannot be used which fell as a result of the revolution.

In determining, the authority that is making the new constitution, therefore, the authority that is in charge of establishing this constitution is an original constituent authority, because it is not based on any previous constitution.