The legal basis for the existence of the state and the problem of its subjection to the law

Abstract

This study aims to define and deconstruct the complex relationship between the State and the Law, focusing on the legal basis for the existence of the State and the problem of its subjection to the law it creates itself. The research adopted a descriptive and analytical methodology. The study was divided into three main axes: The first addresses the essence of the State, its pillars, and the legal theories of its establishment. The second focuses on the concept of sovereignty and the impact of contemporary challenges, such as globalization, on its relative decline. The last discusses the State's active role in forming and applying the legal rule (legislation, regulations, and custom), and then discusses the mechanisms of the State's subjection to the law, such as the principle of self-limitation, the separation of powers, and constitutional review, as guarantees against authoritarianism. The study concluded that the constitution constitutes the legal system that restricts the actions of the State and ensures the supremacy of law over all its institutions.