Constitutional regulation for the right of resistance to tyranny

Abstract

The right to resist the tyranny has a supreme and advanced position among all human rights due to its association with the innate human tendency to preserve the rights of individuals as well as being a realistic and legal translation of a march of struggle that extended from the depths of human history in the face of the tyranny and deviation of the power wherever it exists, until this right has created its relative and diversified presence in constitutional documents; So this research came to diagnose the limits of the constitutional recognition of this right and its various forms by relying on the descriptive and comparative approaches, and through a plan that was divided into three sections, the first was to study the concept of the right to resist tyranny and distinguish it from converging concepts, and the second topic was to explain the juristic position supporting and opposing this right, while the third topic It was devoted to clarifying the limits of the constitutional codification of the right to resist tyranny after explaining its causes. The researchers reached a basic conclusion that constitutions have included various means to enshrine the people's right to control the performance of public authorities and resist their tyranny; Some of these methods have been subjected to the procedures of exercising a precise and specific organization according to the constitutional text, which are the methods that the constitutional jurisprudence attributed to the manifestations of semi-direct democracy, while others are from these means of demonstration and general strike, the constitution suffices to establish its legal basis among its texts, leaving the people the freedom to direct it according to Predetermined controls and restrictions.