مدى مسؤولية الدولة عن الأعمال البرلمانية و القضائية

Abstract EN

For a long time, the responsibility of the State for acts of parliament and the faults of its judicial authorities has not been recognized under the pretext that such acts or faults call into question the sovereignty of the State and its authority.

For this reason and with regard to these issues, the responsibility of the State cannot be subject to the principle of responsibility which governs the acts and faults of its administrative organs.

this solution has been well accepted, despite the fact that the two powers, judicial and legislative, are considered to be organs of a legal person governed by public law, and although their faults represent the most serious dangers to the rights of citizens, and although the damages resulting from it requires more than ever their compensation It should also be noted that pure administrative acts have been included in the category of acts of sovereignty, even if they do not concern in anyway these categories of acts.

Therefore, the purpose of this research was to highlight what has been judged and held in the area of state responsibility over its two judicial and legislative branches.

Therefore, the purpose of this research was to highlight what has been judged and held with regard to the responsibility of the state over its two judicial and legislative powers, and this in order to propose to our legislator to follow the jurisprudential and doctrinal evolution related to this issue in compared law.

This is all the more necessary as the reparation of damages and the recognition of State responsibility strengthen the rule of law and the people's rights and freedoms