Principle Of The Right To Litigation: Comparative Study (France – Egypt – Kuwait) – To The Position Of The Judiciary From The Theory Of Acts Of Sovereignty And The Idea Of Immunization
Dr. Khaled Fayez Al-Huwailah
Assistant Professor of Public Law – Kuwait International Law School
Abstract:
The principle of the right to litigation is one of the most basic human rights. Every individual can repel any aggression that infringes on his rights and freedoms. Therefore, modern constitutions stipulate this right as one of the necessary guarantees to promote the rule of law on the one hand and protect the rights and freedoms of individuals on the other. In this regard, this study deals with the concept of the right of litigation and the position of the constitutional and ordinary legislator of that right in Kuwait and comparing it with the situation in France and Egypt.
The study will also discuss the position of the judiciary in these countries on the right to litigation and the recognition of its most important applications towards the theory of the work of sovereignty and the idea of immunization. In addition, this study will reveal the unconstitutionality of the idea of immunization as one of the exceptions to the principle of the right to litigation, in addition to the abolition of legislation that prevents the control of the judiciary (immunization), as it contradicts with the provisions of the Constitution.