The tendency towards narrowing the scope of the theory of the realization of sovereignty.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

In fact, there has been no controversy, debate or disagreement, not only among jurists, but also among magistrates, as happened with regard to the theory of the realization of sovereignty, whether with regard to the basis of its existence, its name, its effects, and the magazines that fall within its scope.  Therefore, neither in the past nor in the present we find a fixed definition, or an overarching criterion, of everything involved in its framework. As a guide to this interpretation, the theory of the realization of sovereignty remains a departure from the framework of the principle of legality, whatever its scope, hence the judiciary, especially the administrative judiciary, has stood and even continues to stand towards it in an honorable position, in order to get rid of it or limit its scope. Or mitigate their consequences and effects, in an attempt to reconcile the authority of the State with the rights and freedoms of individuals, in a way that preserves for the former a degree of independence, which guarantees the exercise of such exercise, and at the same time preserves for the latter a degree of guarantee that guarantees its protection or non-derogation.