The basis of submission (to/of) authority

Volume 11 , Issue 1 , June 2023 , Pages 9-24

Authors

Mohammed Sulaiman Al-Ahmed 1 ; Luqman Othman Ahmed 2 ; Mohammed Nasih Mohammed Amin 3

1 Department of Law, College of Law, University of Sulaimani - Kurdistan Region - Iraq

2 Department of Law, College of Rights, University of Mosul - Iraq

3 Legal researcher, Master of Laws, College of Law, Cihan University -Sulaimani, Kurdistan Region - Iraq .

DOI logo 10.17656/jlps.10230

Keywords

Abstract

The research deals with two important issues, namely: the basis of individuals' submission to authority, and the basis of authority's submission to the general will of individuals. The basis of submission in both cases lies in natural law, because the submission of individuals to public authority stems from the premise and logic of the social contract under which they gave up part of their freedoms in exchange for living in an organized and safe entity that guarantees them the realization of their interests and the protection of their rights. However, this restriction represented by the individuals’ submission to authority must be in light of what is required by the rules of justice, otherwise the individuals have the right violate the orders that violate the principles of justice, i.e. violating the principles of natural law, and this is what makes the authority subject to the same law to ensure that individuals obey its orders voluntarily. The research presented an analysis and a derivation of the basis of submission in both cases, and this is what lead the researchers to adopt the notion behind the dual title. 

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  • Published at15 June 2023

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