بحث نظرية أعمال السيادة"قراءة فلسفية في المبررات والغايات"

Abstract

Abstract

This paper focuses on the philosophical development of the theory of sovereignty actions by examining aspects related to the conceptual analysis and comparing the main philosophical schools of theory that remain in national and Arab legislation in general loyal to it, despite it’s abandonment in France, which is the cradle of this theory, after jurisprudential criticism and judicial jurisprudence sought to affirm individual rights, maintain legal security by keeping the governments hands free, and expand the circle of judicial oversight over all government legal actions.

The value of  justice and legal security are among the main philosophical values through which legal theories are balanced, and which are mainly raised when talking about the theory of the effects of sovereignty which finds supporters defending it is existence and supporting it is codification.

With other jurisprudential calls calling for replacing acts of sovereignty whit similar theories to leave room for the government to be accommodated by theories of necessity, exceptional circumstances, and discretionary authority that guarantees the operation of public facilities in special circumstances.

Keywords: acts of sovereignty, judicial list, formalism, objectivist doctrine, justice, legal security