The Discovery of Popular Sovereignty in Modern Islamic Thought: The Question of Constituent Power

Constituent authority refers to the idea of the original source of legitimate government, the right to authorize the exercise of political power, or the authority to create a new constitutional order. Modern Islamic legal and political theory has struggled with the concept of constituent authority (al-sulṭa al-taʾsīsiyya). On the one hand, most Islamic political doctrines hold that governance itself is divinely ordained and specific offices are also required by the divine law. On the other hand, modern Sunni political thought has sought to deepen its commitment to popular sovereignty and the ultimate authority of the people over public institutions. This has led to a rich debate in modern Islamic thought about the scope of constituent authority: are specific offices and institutions seen as ordained by God, thus locating all constituent authority in the interpretation of divine law, or are powers to create and authorize new institutions assigned to other agents?