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The Right of Access to a Court and the Doctrine of Political Acts

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Chapter Summary

Article 6 of the European Convention on Human Rights secures to every one the right to have a claim relating to his civil rights and obligations brought before a court established by law. This chapter deals with the doctrine of government acts in terms of national legal systems: its legal basis, meaning its raison d?etre, its limits and its application in practice. It examines the matter in the context of the right of access to a court safeguarded under Article 6 of the Convention. Legal theory draws a distinction between acts of government as administration and political acts of government. The concept of the act of government exists in many European countries, including France and Spain. The procedural ground for the exclusion from judicial review of the actes de gouvernement, or acts of State or other ?political acts? is the fact that they enjoy absolute immunity.

Keywords: absolute immunity; Article 6; European Convention on Human Rights; France; political acts

10.1163/ej.9789004158832.i-273.118
/content/books/10.1163/ej.9789004158832.i-273.118
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