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Legal lmmunity For Administrative Decisions | ||
| Journal Of the College of law /Al-Nahrain University | ||
| Article 1, Volume 17, Issue 9, 2015, Pages 134-154 | ||
| Abstract | ||
| Some laws and sometimes some constitutions stipulate that certain administrative decisions should be imuned against appealing (regecting), in away that secures the immunity of such decisions. How ever such decisions differ from the so-called (actions of sovereignty), in different breach for the principal of (the sec rid right of the arbitration). The first group can be considered as more harmful than the second group, since the second group is relatively limited, while the first one is unspecified or limited and has no fix criteria. Thus, in the first group, the legislator can decide to grant immunity for certain administrative decisions, regardless of there nature and context. While (actions of sovereignty) might have certain justifications being political, historical or other justifications .. however, we find that the legislated immunity has no justification as such. Therefore, such trend practiced by some legislators makes the administrative as if immune against any mistakes that might be committed; and against any questioning or rejection for that administrative action and decisions. This factmakes such immunity a grave and harmful breach or violation to the principal of arbitration and to the (rule of law). | ||
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