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Guarantee of the fundamental rights in a society requires democratical principles and structures. On the one hand, accepting the popular vote in multiple domains is considered to be as of fundamental rights that could protect the sovereignty of the people and promote representation system to a real and efficient structure. On the other hand, this right should not and can not be limited in the framework of formal structure or legal system. Sovereignty in the modern sense requires that, first, the capacity of reflection of the will of the people through multiple channels, and second, if a conflict happens between people and formal structures or legal system, it is necessary to resolve the conflict in favor of the people. In a democracy, the constitution should not be contrary to the will of the people in order in determining their common good and individual self-determination.
In a modern approach to governance, any form of political power should be adopted with the will of the people to be legitimate.

Keywords: Sovereignty, political power, fundamental rights, constitution, Representation

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