A CRITICAL STUDY ABOUT PUBLIC LAW OBSTACLES IN TORT LIABILITY OF LEGISLATURE’S SOVEREIGNTY (LEGISLATIVE POWER)

The rule of immunity of legislature’s sovereignty from tort liability is rooted from this principle that "the king can do no wrong”. This is the main barrier of tort liability of the sovereignty of legislature”. According to this traditional view, sovereignty is the powers that governor can apply in legislative, judicial and executive fields. Legislating sovereignty is on the apex of the pyramid of authorities and different from judicial and executive sovereignty. A critical study of the obstacles in public law for tort liability of legislature’s sovereignty (legislative power) from philosophical point of view is the principal question of this study. The theoretical obstacles for tort liability of legislature’s sovereignty are including  segregation of powers, parliamentary immunity, silence of the constitution, risk of judgocracy, and maintenance of legislative public order. In this article, we have supported tort liability of legislature’s sovereignty and have proposed suitable answers for these obstacles.