المشروعية الدستورية

Abstract EN

The principle of legality is considered - in the modern era, in contrast to what was fixed in ancient covenants, as it is considered one of the general legal principles that must be applied, especially after the codification of the law and the achievement of knowledge in it and its spread without it being a privilege limited to a group alone, and this was the first gain made by man In this regard, there is a long-standing assertion that the serious protection of rights and freedoms is based on the declared rule of law.

That is why the principle of legality has become firmly established in the conscience of individuals, rulers or ruled, so that it does not need in its presence or when applying a specific text for its determination, which led to the collection of the parts of legitimacy and the achievement of the submission of both the ruler - the ent part - and the ruled to the law.

And since one of the requirements of the principle of legality - the submission of both the ruler and the ruled to the rule of law and the conformity of their actions, whether legal or material, to the legal rule, the matter was not difficult to achieve for the ruled, because of the presence of the means, methods and sufficient power in the possession of the ruling authority to compel them to submit to the law even if this compulsion and compliance were For the organizational template that the law drew for them by coercion, but that was not so easy and simple for the rulers, this group of people who are at the top of the throne of power, have been struggling with the statement and the powers they have in order to escape from submitting to rules that transcend them and limit their authority, for this group sees itself as the basis of binding rules and their source as if they are the source of everything we call sources of legitimacy, but they deny themselves their submission to these rules and those requirements And the principle of legality - if we can express it - is considered an ideal ideology for manifestations of justice, democracy, rule of law, and legitimacy in olute terms on the earth of the world.

Accordingly, the correlation is inevitable and existing between these three ideas, “the legal, legitimate and effective control” to establish the foundations of the legal state and consolidate legitimacy in its best form.