أعمال السيادة و مبدأ المشروعية و تطبيقاتها في المملكة : دراسة مقارنة

Abstract EN

he research deals with one of the most controversial subjects, which is the theory of sovereignty acts and its applications in the Kingdom.

The subject is divided into four sections.

The first section deals with the definition of sovereignty acts, their criterion and the problem faced by the jurisprudence and the judiciary with regard to a common definition or standard which can help the judge to control the sovereign act.

The second section studies the position of comparative jurisprudence towards the theory.

It focuses on the attitude of Grievances council, with towards Article 14 of its new statute through some ofthe issues that were brought before it.

The third section discusses the possibility of compensation ؛'or the acts of sovereignty and concludes, that there is no objection to the adoption of compensation and that it is a principle compatible with Shari>a, provided that Article 14, which prevents compensation in its current form, is amended.

The fourth section evaluates the theory and concludes that it is based on the judicial authority in all countries including Saudi Arabia; and that it is a theory required by governance within the limits determined by the judiciary.