Constitutionalism Versus Traditional Authority: The Role of the Constitution in the Institutionalization of Authority in the Kurdistan Region of Iraq

Abstract

One of the fundamental questions in the political philosophy of the constitution is why states require a written constitution or legal-rational authority. A common answer is that a written constitution serves to restrain the emergence of a Leviathan, to establish rational and institutional authority, and to safeguard fundamental rights and freedoms. From this perspective, Constitutionalism is conceived as a framework for limiting political power and institutionalizing Authority, rather than allowing the persistence of traditional or despotic forms of rule. One of the primary mechanisms for achieving the institutionalization of authority is the existence of a modern constitution, functioning as the highest and most legitimate source of legal and political order.