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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 Hence, the provisions protecting acts of sovereignty from the judicial control must be repealed for violation of the principles of legality, justice and democracy.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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.717
Threshold uncertainty score0.154

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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 teacher head, 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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