This research deals with the issue of the source of legitimacy in the drafting of the constitution and the limits of legitimacy in amending it in the transitional constitutional stage by tracing the constitutional transformations of two international experiences that are close in time and purpose, namely Egypt and Tunisia after 2011, which highlighted a problem represented in the fact that constitutions that were drafted in a transitional context and were based on a popular will of a democratic nature soon became the subject of replacement or amendment within a short period of time, which raises the question of the sufficiency of the popular will in the legitimacy of the constitution. Establishment to ensure constitutional stability.

The research concluded that the legitimacy of the establishment, despite its importance, and despite its reliance on the popular will, is not sufficient to ensure the stability of the constitution unless it is accompanied by restrictions that prevent the power of the amendment from exceeding its limits and turning it into a constituent authority implicitly by strengthening the role of constitutional oversight to ensure the preservation of the constituent will and prevent circumvention of them.