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Record W3008458794 · doi:10.5539/jpl.v13n1p110

Acts of Sovereignty as a Restriction on Judicial Control

2020· article· en· W3008458794 on OpenAlexvenueno aff
Sabah Mousa Al Momani

Bibliographic record

VenueJournal of Politics and Law · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicIndonesian Legal and Regulatory Studies
Canadian institutionsnot available
Fundersnot available
KeywordsSovereigntyPrinciple of legalityLawPolitical sciencePopular sovereigntyConstitutional theoryParliamentary sovereigntyJudicial reviewJurisprudenceLaw and economicsSeriousnessPoliticsSociology

Abstract

fetched live from OpenAlex

Theory of Sovereign Acts is of a judicial origin. It was created by the French Council of State to face political circumstances experienced by France in the early part of the last century. However, this Theory is still operative to date though justifications of its survival vanished. This theory has been sternly criticized by most of jurists due to its violation of the Principle of Legality and the democratic principles. However, it is still effective under laws and judiciary refuses to have control over it. Given the importance of this theory and its seriousness, this study aims to clarify the concept and origin of acts of sovereignty and the criteria used to distinguish it from other acts carried out by the government. This study also aims to show the position of jurisprudence, legislation and the judiciary on the acts of sovereignty that are immune from judicial control. In spite of the democratic progress and the individuals’ increased awareness of their rights, this study concludes that the laws still provide for these acts and make them immune from the judicial control. However, the judiciary has started to to restrict the scope of acts of sovereignty, and to adopt the theory of acts detachable from acts of sovereignty, where it has started to control acts of sovereignty and to approve compensation for some of these acts. This study concludes that the Theory of Sovereign Acts was created by judiciary to face certain conditions and causes that do not exist anymore. Hence, the provisions protecting acts of sovereignty from the judicial control must be repealed for violation of the principles of legality, justice and democracy.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.008
metaresearch head score (Gemma)0.014
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.009
Threshold uncertainty score0.040

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0080.014
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0030.043
Scholarly communication0.0090.007
Open science0.0010.006
Research integrity0.0030.006
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.020
GPT teacher head0.280
Teacher spread0.260 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2020
Admission routes1
Has abstractyes

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