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May 15, 2026Journal of Anbar University for Law and Political Sciences0 citationsOpen Access

The right to resist the tyranny of authority in the philosophy of constitutional doctrine

IBIsmail Babiker

Key Points

  • The research aims to clarify the relationship between political authority, the people, and the constitutional contract governing their interaction.
  • Utilized analytical, inductive, and comparative approaches to explore the topic.
  • Examined positive jurisprudence and Islamic jurisprudence perspectives on resisting tyranny.
  • Investigated the implications of authority's failure to adhere to constitutional obligations.
  • Identified the foundational role of the constitution in establishing the social contract between the citizens and authority.
  • Demonstrated the legitimacy of resistance when authority violates constitutional rights.
  • Outlined variances in interpretations within positive and Islamic jurisprudence regarding the right to resist.

Abstract

The issue of resisting the tyranny of power is a fundamental and important issue, because it is related to the future of the ruling power, whether it remains or ends, and is replaced by another power or other rulers on the one hand, and on the other hand it is related to the people who have sovereignty and are the source of power. The function of the political authority is to satisfy the citizens through the implementation of the constitution, which contains the rights and freedoms of citizens, and in the event of its violation and non-application, and the transformation of power from just to tyrannical; We are facing resistance to the tyranny of this authority by the people, because the authority is the result of the will of the nation on the one hand, and on the other hand there is a contract between the people and the ruler, which is embodied in the constitution. The research aims to clarify the concept of power, its function, and its relationship to the people, and the commitment of each of them to what was stated in the constitution, which is considered the contract between them, and the concept of resisting the tyranny of power in the event of its breach of the contract and its continuation, and referring to the position of positive jurisprudence and Islamic jurisprudence towards resisting the tyranny of power and the complexities of the constitution. This requires an analytical, inductive, and comparative approach,

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Cite This Study

Ismail Babiker (2024) studied this question.

synapsesocial.com/papers/6a06b7eae7dec685947aa73chttps://doi.org/10.37651/aujlps.2024.148430.1220
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Sic Semper Tyrannis the Philosophy of Law and the Right to Fight Tyranny2025
  2. 2Analysis of Tyranny in European Political Philosophy: From the Middle Ages to Modern Times2024
  3. 3The consequences of the later constitutional provisions2024
  4. 4The Authority of Constituent Power2024
  5. 5Administrative judiciary And a course in protecting freedoms related to human thought2022