was not an “explicit agreement” but simply that customary laws had a wider acceptability in the past (a kind of a tacit agreement)(James Tully). On the other hand, the “explicit agreement” of the people to the laws finds resonance in Thomas Paine’s “Rights of Man”, who rooted the idea of modern constitutionalism in the tradition of social contract theories. The idea of popular sovereignty entails that the structure & the continuity of the government is based on the consent of the people. This idea