Non-Reviewable Acts of Government

Limiting state power and protecting the rights and freedoms of citizens thereto, are the major concerns of public law, in particular, constitutional and administrative law. In this regard, the establishment of judicial review of the government's actions as a mechanism to prevent its arbitrariness was established. However, despite these concerns, in different legal systems, some government's actions -for some reason- have been excluded from the scope of judicial review. In this article, with a descriptive-analytical method, reasons and examples of nonreviewability based on the common law legal system, particularly the United Kingdom are studied. Usually in all legal systems, some government's actions due to the nature or other causes, are not subject to judicial review. At first glance, excluding certain acts of government from judicial review, could be seen contrary to the rule of law, but we should bear in mind that it is only one of the mechanisms to ensure the rule of law. Hence, in respect of exceptions, other monitoring mechanisms envisaged in the constitutional and administrative law systems could be utilized.