Jurisdiction of the Court of the Administrative Justice to Censor Nationality Decisions (A Comparative Study)

Abstract

Nationality is a legal and political bond that binds a person to a state, and the state is
free to regulate its nationality, but there are restrictions and considerations that limit
the authority of the state. The issuance of administrative decisions is the most important
aspect of the public authority’s privileges that the administration enjoys for the benefit
of individuals. However, this does not prevent the possibility of exposing the right to a
nationality for denial by the state or evidence contrary to the law. Therefore, the
legislator has to establish a fair balance that enables the administration to perform its
function on the one hand and to protect the rights of individuals on the other hand as
well as confirm or leave their membership of the state.
Judicial censorship of the legitimacy of the administration’s actions to verify that it
does not violate the law in matters of nationality represents a great position for reasons
including moral harm affecting the individual since depriving him of the state’s
nationality or forfeiting it from him without legal basis is considered material harm in
addition to moral harm, so the person rushes to the judiciary to dispute the
administration due to its action. The dispute is taken in the form of an appeal against
an administrative decision, a preliminary matter issue or an original or abstract case
that the person submits against the state to prove or deny nationality without the need
for an administrative decision from the administration. Consequently, it is necessary to
indicate the competent judicial authority in monitoring the issued decisions in matters
of nationality and to state the authenticity of the judgments issued therein