Limiting the Power or Restraining the Arbitrariness of the Governing Body A study How Government Sovereignty is Exercised in the French and American Legal Systems

Document Type : Original Article

Authors

1 Associate Professor of Public Law, Faculty of Law and Social Science, University of Tabriz, Iran.

2 Ph. D. in Public Law, Faculty of Law and Social Science, University of Tabriz, Iran.

Abstract

Regarding the concept of revolution, in addition to different comprehensive definitions throughout history, its result, that is, the governments emerging from the revolution, have also emerged in different forms from each other. But it seems that what determines these differences depends more than anything on the opinions and opinions of the thinkers of the revolutionary societies, rather than the field struggles of these societies. From this point of view, the new political-legal system after the revolution can be called more modern than its predecessors only if its fundamental ideas are true to their essence and far from any basic imitation of other traditions. be revolutionary. Therefore, this research, the sources of which were collected in a library method and subjected to a descriptive-analytical study, with the aim of better understanding the idea that the stability of a modern political society depends on paying attention to traditions, values and basic needs and The continuous protection of them during the different periods of the government of the most efficient governments in that society, while examining the government-making views of the thinkers and founding fathers in the two revolutions of France and America in 1789, raises as the main question that What differences have the mentioned views created in terms of limiting the authority of the government in the context of the political history of these two republican systems? The results show that the extremely unequal class political system and the existence of monarchy derived from the divine right of kings in France before the revolution, by the thoughts of philosophers such as Jean-Jacques Rousseau based on the principle of equality and its precedence over freedom and security, ultimately lead to The establishment of a centralized social democratic republic system in which all the sovereign powers belong to the spiritual personality of the whole, which is called the nation. However, according to the thinking of the founding fathers, a free government is a government that has the ability to control the "directions of a biased and domineering majority" and is officially based on the "principle of a republican government based on the opinion of a respectable majority, that is; The principle of agreement" which precedes freedom and equality. The fundamental principle on which the liberal democratic republic of the United States is based.

Keywords

References

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Journal of Comparative Public Law
Volume 1, Issue 3 - Serial Number 3
September 2024
Pages 119-141

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