Constitutional means for the participation of the popular will in the adoption of constitutions

Abstract

Through this research, we seek to determine the pivotal role of the popular will in the approval of constitutions through democratic constitutional means, foremost of which is the means of the Constituent Assembly, considering that it is one of the prominent democratic means in this context. This research emphasizes the importance of the constitution having legitimacy, which it owns only if it obtains popular satisfaction and popular acceptance, considering the people as the owner of the highest sovereignty and is a source of all authorities. In this research, we discuss our talk about constitutional means, the role of the Constituent Assembly, as an essential constitutional tool to share the popular will in the adoption of constitutions, and we clarify its legal nature. Being a body tasked with drafting the constitution on behalf of the people, in addition to clarifying its role in detail as it is a representative association that is considered a tool of indirect democracy, as the people express their general will through representatives they elect and represent and these representatives from the constituent assembly. This research also explains the types of the constituent assembly and explains the independence in which this body enjoys as it puts the highest document in the state (the constitution). It has wide powers and more free powers than other authorities in the state. This research also stands on the effective role of the Constituent Assembly in embodying the popular will, and focuses on The importance of balanced representation within it, which is achieved through the commitment of the Constituent Assembly to the limits imposed on it, in order to achieve the required constitutional legitimacy.