Are there also other rulings needed for legislation...

Are there also other rulings needed for legislation, and should certain laws that specify the extent of authority of the representatives in legislation be enacted earlier? The reply is that the constitution determines the scope and right of legislation, rules over statutory laws and judges the extent and scope of legislation. At this point, another question is raised and that is: various countries have their respective constitutions which are more or less subject to change.

Sometimes, with the change of political system or regime, the constitution is also changed. There are also times when the constituent assembly is convened and amendments to the constitution are made. In any case, in view of the changes to be made in the constitution, is there any institution or entity above the constitution which specifies the scope of the constitution?

That which is above the constitution is the institution of human rights—also called the natural law or the basic rights of men—which rules over the constitution and determines its scope. Members of the constitutional committee cannot reflect whatever ‘they like’ in the constitution, let alone make common laws.

Basis of credibility of human rights Again, another question is posed: Who enacts the law which is above and determines the extent and scope of the constitution, and on the basis of which changes can be made in the constitution? Who has codified the “human rights” reflected in the Universal Declaration of Human Rights or mentioned in the books of legal philosophy, and from where does their credibility emanate?

The answer given is that according to the international customs, their credibility emanates from the signatures of those who approved the Declaration, and it is binding because it is ratified by all states of the world. It can be asked: Is this Declaration binding for a state that has not approved it? If it is not binding, it follows that no one has the right to condemn those, who have not approved the Declaration and thereby, refuse to act upon it, for “not observing human rights”.

Again, the answer will be given that the rights and laws described in the Declaration are not enacted laws that become binding after their enactment and approval. They are rather real laws which can be discerned by human reason and are binding whether people accept them or not. Of course, at the present time there are numerous people who hold such an opinion, regarding human rights a real and extrinsic fact.