دور مناهج تفسير القاعدة القانونية و أثرها في صنع القرار السياسي

Abstract EN

Political decision is a representation of the Legal Rule, which represents the will of the State, that is to say that the law is the State and the State is the Law.

Political decision is a set of wills in a pyramid shape that originally represents Legal Rules.

Therefore, the Law is a pyramid scheme in which each rule lives and draws its legitimacy and efficiency from the higher rule.

The State is not only a legal person, it is also a set of Legal Rules corresponding to a classification starting from individual orders or decisions, until the Constitution which is the supreme and inevitable result of this rule.

The legal system cannot be considered as a State but by the existence of central authorities able to express its will and political decisions as Legal Rules, within that system and enforced by legal coercion and in some cases by coercive force.

Consequently, the correct Law reading of the Legal Rule will allow us necessarily to make an obvious political reading of the decision and of its objectives, or at least to have a less confused view of the political decision objectives.