Legal Basis for State Liability for Compensation for Acts of Government

The study aimed to clarify the state's responsibility to compensate for acts of sovereignty, define the legal system of compensation, identify its dimensions, study the implications of this provision and identify the reality of the legislation, in addition to shedding light on the extent of the legislator's adoption of state responsibility for this compensation by reviewing some applications of it. The study reached several results, the most important of which is that the Iraqi legislator did not address the definition of acts of sovereignty or provide for their immunization in the laws and legislation in force, but rather the jurisprudence and the judiciary strived to remove these acts from judicial control without legal basis. As for the most important recommendations, the State Council in Iraq must restrict as much as possible the acts of sovereignty, so that the control over the procedural authority is expanded, and the legitimacy of the acts and decisions issued by the procedural authority is examined, and the availability of legal elements is verified only without extending to the political aspects of those acts, which are the competence of the procedural authority.

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Publication Details

Journal
European journal of management, economics and business.
Published
2025-03-01
DOI
https://doi.org/10.59324/ejmeb.2025.2(2).19
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Basis for State Liability for Compensation for Acts of Government

Mohamed Hani Farhat, R.A. Saleh
European journal of management, economics and business.
Legal and Policy Issues
article

Legal Basis for State Liability for Compensation for Acts of Government

Mohamed Hani Farhat, R.A. Saleh
article en

Abstract

The study aimed to clarify the state's responsibility to compensate for acts of sovereignty, define the legal system of compensation, identify its dimensions, study the implications of this provision and identify the reality of the legislation, in addition to shedding light on the extent of the legislator's adoption of state responsibility for this compensation by reviewing some applications of it. The study reached several results, the most important of which is that the Iraqi legislator did not address the definition of acts of sovereignty or provide for their immunization in the laws and legislation in force, but rather the jurisprudence and the judiciary strived to remove these acts from judicial control without legal basis. As for the most important recommendations, the State Council in Iraq must restrict as much as possible the acts of sovereignty, so that the control over the procedural authority is expanded, and the legitimacy of the acts and decisions issued by the procedural authority is examined, and the availability of legal elements is verified only without extending to the political aspects of those acts, which are the competence of the procedural authority.

European journal of management, economics and business.Vol. 2(2)
Islamic University of Lebanon (LB), Office of the Governor (US)
Openalex Percentile: Top 87%
Legal and Policy Issues
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