THEORY OF SOVEREIGNTY ACTS AND ITS CONTRAVENTION OF THE PRINCIPLE OF LEGALITY: A COMPARATIVE ANALYTICAL STUDY IN THE SAUDI AND EGYPTIAN SYSTEMS

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.