About the Journal :
The Journal of Sharia Fundamentals for Specialized Researches (JSFSR), a peer-reviewed scientific journal indexed by the International Standard Serial Number for Academic Scientific Journals (e-ISSN: 2289-9073), issued every three months.
The journal specializes in research, articles, and scientific papers of originality and innovation
Committed to the scientific methodology, and the ethics of scientific research.
It aims to be a platform for researchers and a meeting point for researchers to present the different values and topics of legal sciences and systematic studies, and link them to the principles of Sharia, and to update, enhance and support the scientific development of contemporary systematic topics related to the principles of Sharia that serve society and ensure the strength and respect of Islamic identity in various scientific fields. Socio-economic
Dr.Abaker Ismail Ishag Maniz
Abstract:
This research aims to explore the principle of legality, which entails the necessity of management adherence to the law and submission to judicial oversight, as well as the examination of the theory of sovereignty acts, one of the most significant concepts in the contemporary world that largely contradicts this principle or the administration's submission to the law and judicial oversight.
The study is structured into three main sections: the first section reviews the principle of legality based on the administration's compliance with the law, its scope, and its essential guarantees. The second section addresses the theory of sovereignty acts as the most dangerous constraints on the principle of legality, discussing its nature and distinguishing criteria from other administrative acts. The third section discusses the theory of sovereignty acts and their applications in both the Saudi and Egyptian systems.
The study addresses key research questions, including: What is the nature of sovereignty acts and the criteria for distinguishing them from other administrative acts, and to what extent do they violate the constitutions of the studied systems? What is the possibility of subjecting the administration's acts to absolute judicial immunity, legitimacy scrutiny, and financial responsibility for compensating individuals for damages caused by these acts? The study concludes that the principle of legality is a symbol and cornerstone of the rule of law, and judicial oversight over all administrative acts ensures its respect. The theory of sovereignty acts represents the most significant exception and explicit departure from the principle of legality, with the courts being the competent authority possessing the power to determine the legal description of acts issued by the administration. There is a necessity to narrow the application scope of the theory of sovereignty acts and mitigate its negative effects while affirming the principle of financial responsibility on the administration for compensating individuals for damages caused by sovereignty acts.