Egypt Institute Journal (Vol. 7- Issue 27) / studies

Doctrinal basis of the principle of legality in law and Islamic system

July 2022


Despite agreement that the state should be subject to the law and should achieve the principle of legality, there is a wide difference between constitutional jurisprudence regarding the interpretation of the legal basis on which the principle of legality is based. The focus of this dispute has been: Why is the state subject to the law? Which comes first, the state or the law? In attempt by jurists to answer these questions, many theories have emerged tried to explain the basis of the state’s subordination to the law, and which one comes first in existence: the law or the state.

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