The constitutional position of decisions immune from judicial oversight

Abstract

All constitutions have approved the right to litigation as one of the most important human rights, so it has become a general and absolute right. The judge has the right to consider all individual disputes, and recently the executive authority has immunised some administrative decisions from judicial oversight, so the judiciary has become unable to monitor the legality of those decisions. Then an anti-immunization trend emerged, starting with the French judiciary and then spreading to include all laws regulating the administrative judiciary. The administrative judge’s oversight of the fortified administrative decisions became a necessity required by the principle of legality oversight.