Judicial Review of Governmental Actions: A Constitutional Transformation of the Acts of State Doctrine in Saudi Arabia
2022-08
Loading...
View/Download File
Persistent link to this item
Statistics
View StatisticsJournal Title
Journal ISSN
Volume Title
Title
Judicial Review of Governmental Actions: A Constitutional Transformation of the Acts of State Doctrine in Saudi Arabia
Alternative title
Authors
Published Date
2022-08
Publisher
Type
Thesis or Dissertation
Abstract
Judicial review is crucial to keeping the actions and proceedings of the executive authority in conformity with the rule of law. However, some executive actions can enjoy absolute immunity from judicial review when they possess certain qualities, such as actions on the state’s internal or external security or other high policy proceedings. In the Saudi legal system, such exceptions fall under the acts of state doctrine. Like other countries, the Saudi legislature adopted this doctrine as a jurisdictional limitation over the Board of Grievances (the administrative courts, hereinafter the Board). This Dissertation studies the Board’s application of the acts of state doctrine (hereinafter the Doctrine) in Saudi Arabia and its unique correlation and interaction with constitutional authorities. Specifically, the Board’s application has been influenced by the king’s powers under the Kingdom’s structure of government and Sharia. Analysis of the Board’s decisions relevant to the acts of state doctrine shows that the Doctrine has been constitutionally transformed by the declaration of all royal edicts as acts of state immune from judicial review. This Dissertation criticizes the Board’s approach to granting royal edicts immunity. Examination of the scarce reasoning in cases relevant to the Doctrine has revealed that the Board has relied on an unsound interpretation of the Kingdom’s constitutional authorities. The Dissertation argues that the Doctrine’s application is constitutionally unwarranted, since it violates binding Sharia maxims and royal custom and statements.
Keywords
Description
University of Minnesota Ph.D. dissertation. August 2022. Major: Law, Health, & the Life Sciences, Joint Degree Program in. Advisor: Christopher Roberts. 1 computer file (PDF); x, 256 pages.
Related to
Replaces
License
Collections
Series/Report Number
Funding information
Isbn identifier
Doi identifier
Previously Published Citation
Other identifiers
Suggested citation
Almulhim, Zakaria. (2022). Judicial Review of Governmental Actions: A Constitutional Transformation of the Acts of State Doctrine in Saudi Arabia. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/243084.
Content distributed via the University Digital Conservancy may be subject to additional license and use restrictions applied by the depositor. By using these files, users agree to the Terms of Use. Materials in the UDC may contain content that is disturbing and/or harmful. For more information, please see our statement on harmful content in digital repositories.