THE ORIGIN OF LAW IN THE SOVEREIGNTY OF THE PEOPLE

AND THE CREATION OF THE STATE AS HIS DELEGATE

Abstract

The author addresses two fundamental questions for any theory of law in a given country: first, the origin of law, and second, the creation of the State as the people's representative. The author reviews what he considers essential assumptions: first, the concept of society and its sovereignty, in search of the root of law; then, the concept of the territory inhabited by the people; and finally, the concept of the State as a superstructure created by law. Based on these developments, the author concludes that the genesis of law occurs within society, from which it follows that the people hold the fundamental right to law. He then concludes that in a democratic country, the State is a creation of law, and that the State, only as a representative, can also create law, but of a lower hierarchy than that created directly by the people.