The legal basis for the foreigner\'s right to resort to national justice - a comparative study

Abstract

Abstract: The view of countries has evolved regarding the right of foreigners to resort to the national judiciary in the country in which they reside. In the past, foreigners were not allowed to resort to the judiciary at all, considering that the judiciary\'s mission was to resolve disputes between nationals only. The importance of the right to litigation lies in the rules of international law, which found their appreciation and interest in it as a right at an early time in the sources and branches of international law, and perhaps preceded many of the internal laws of countries in giving importance to this important human right, so that it became in many cases the pioneer and model for internal laws in this field, as countries followed the steps of the rules of international law, either by choice and imitation or by obligation and implementation. This principle (judicial independence) has received and continues to receive international attention due to the importance of the judiciary and its decisive role in upholding the word of law and protecting human rights. The principle of judicial independence means protecting the judiciary from interference, and at the same time this principle does not mean the complete separation of the judiciary or absolute freedom from the rest of the authorities, which portends a possible tyranny of the judiciary or what is known as the emergence of a government of judges. Independence is a means to achieve other goals, most notably the rule of law, the protection of rights and freedoms, and the independence of the judiciary in this description does not exceed the limits of non-interference in its affairs by the rest of the authorities without reaching separation or isolation.