The concept of sovereignty and its relation with constitution making

In our research, we have tried to explain the nature of the primary constituent power as the power that creates the constitution by associating it with the concept of sovereignty. For this purpose, we analyzed the ideas of Jean Bodin, Thomas Hobbes, and Jean-Jacques Rousseau, who are considered as the intellectuals who enabled the concept to acquire its current understanding. The concept of sovereignty in the modern sense was created by Jean Bodin, who theoretically developed Niccolò Machiavelli's theses on acquiring and maintaining power in the state. The power attributed to the sovereign in creating laws is one of the essential steps in the process of liberating law from the affect of the Church. The idea that other sources than the religious authorities could create rule can be seen as an innovative idea for Medieval Europe. The idea of sovereignty, whose qualities Bodin defined as absolute, inalienable, and unlimited, gained legitimacy with Hobbes' use of the social contract theory and transferred its origin from the monarch to the people with Rousseau. Rousseau constitutes the critical point in this study as he laid the groundwork for the distinction between constituent and constituted power and envisioned a participatory constituent power by advocating for popular sovereignty. Although the French Revolution and the following constitutionalism processes were not directly based on Rousseau's writings, his thoughts largely inspired the process. Constitutionalism and nation-states expanded within a changing world, bringing a new understanding of sovereignty. The unlimited and absolute aspects of sovereignty, which we call classical sovereignty, no longer apply in the globalizing world. The new order has necessitated the emergence of new constitutional designs. This development has also affected the structure of the primary constituent power. The emergence of a universal constitutional design model caused controversy with its intervention in public constitutionalism. On the other hand, democratic constitutional processes are increasing their inclusiveness. In the light of all this, our aim is to identify the relationship between constituent power and sovereignty and to examine the changes in the nature of the concepts in a transforming world.