The Principle of Legality in Sudanese Law

Abstract

Study investigate the principle of legality in Sudanese law, which aims to protect the rights of individuals against the administrative authorities. It aimed to clarify the concept of the principle of legality and clarify judicial oversight over it and its mechanisms. The importance of the study lies in the fact that this principle obliges the administrative authorities in the state to ensure that all their actions, activities and decisions are in accordance with the law, thus protecting the rights of individuals.. The problem of the study was that the principle of legality is subject to judicial oversight in the state, but it is not absolute, as there are actions that are not subject to this principle even though they relate to the rights of individuals. The study used the analytical descriptive method. The study reached several findings, the most important of which are: There are some administrative actions that fall outside the scope of judicial control to apply the principle of legality, which are acts of sovereignty, exceptional circumstances (state of necessity), and the unrestricted authority of the administration, which is proven to it when its course is not specified or stipulated in the law. There are conditions for achieving the principle of legality, which is defining the powers and competencies of the administration, applying the principle of separation of powers, and the presence of judicial oversight of the administrative authorities. There are means to protect the principle of legality, which are claims for cancellation, compensation, and interpretation. The study recommends the necessity of stipulating the principle of legality in the future Sudanese constitution, expanding it, reducing the exceptions to it, clarifying the powers and authorities of the central and state administration, paying attention to studying administrative law and administrative judiciary in Sudanese law, holding workshops and conferences on the work of the administration, and clarifying the legal aspects governing it and monitoring it