The Theory of Sovereignty Acts in The Eyes of Algerian and Comparative Jurisprudence
Dr. Muhammad Hamli
Professor – Institute of Law and Political Science – University Center of Maghnia – Algeria
The right to litigation is one of the fundamental human rights. It becomes more important when the other party in the lawsuit is the administration, because sometimes the law doesn’t specify the nature of some administration acts, which leads to the polemics: are these acts considered acts of sovereignty and thus they are immune to judicial oversight? Or are they administrative acts and may be appealed against?
Of course, the study on the Algerian judiciary position from the government acts theory has a great importance, because the capacity of the justice to define the domain of government acts certainly contributes in promoting the individual’s rights towards the administration. That had led us to highlight the concept of government acts and different theories regarding its domain, as well as the position of the Algerian and comparative jurisprudence through using some scientific methods such as the historical, analytic, and the comparative method.
We have noted that the comparative judiciary had played an important role in limiting the government acts domain, especially by adopting the theory of detachable acts, but it didn’t follow a specific basis for distinguishing them. In contrast, we noted that the Algerian justice has not yet had the opportunity to show its position about many administration acts, such as the decree establishing the state of emergency.
Therefore, we have recommended the inclusion of constitutional dispositions in order to allow the Constitutional Council to examine the constitutionality of government acts, and we have also recommended that courts should expand the application of the detachable acts theory.
Keywords: Consumer, withdrawal, e-contract, provider, withdrawal period.