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Administrative Judiciary - A Comparative Analytical Study by Dr. Mohammed Ali Al-Khalaileh

Administrative Judiciary - A Comparative Analytical Study by Dr. Mohammed Ali Al-Khalaileh

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Dar Al Thaqafa

The principle of legality means the subjection of both rulers and the ruled to the law. Adherence to this principle is a defining feature of the modern legal state, where the state, in all its institutions, activities, and actions, is subject to both written and unwritten legal rules. All actions and dispositions carried out by state authorities, including the administrative authority, must be consistent with the principle of legality. This necessitates the existence of an effective judicial system that ensures genuine oversight of the administration's actions and prevents it from abusing its power or exceeding the limits set for it by law.

After God granted us success and we presented to our dear students and esteemed readers some essential specialized works in the field of administrative law, and after teaching the subject of administrative judiciary for nearly two decades to law students in various law faculties in Jordanian universities, and in light of the 2011 constitutional amendments that mandated a two-tiered administrative judiciary in Jordan, and the subsequent issuance of the Administrative Judiciary Law No. 27 of 2014, we find it our duty today to present this work to the Jordanian and Arab legal library. This volume encompasses legislative developments, judicial precedents, and jurisprudential opinions that may not be available in many similar works in the legal library.

Given the importance of the administrative judiciary as a safeguard for protecting public rights and freedoms and as a cornerstone for reinforcing the principle of legality and the rule of law, the subject of administrative judiciary has become a mandatory course for law students. This motivated us to complete this work, which specifically addresses the action for annulment, being the most significant action in administrative judiciary. As for the action for damages, we will dedicate a separate work to it in the future, if life permits. The topics of this book are divided into two main parts, each containing a set of chapters, sections, and subsections: the Principle of Legality and the Judiciary Competent to Oversee the Administration's Actions (Part One), and the Action for Annulment (Part Two).

It is worth noting that we have approached the topics of this book from a comparative perspective, driven by our conviction of the depth of experience in the legal systems we chose for comparison with Jordanian law, namely the legal systems of France, Britain, and Egypt. We are also convinced of the importance of comparison as a methodology for scientific research, especially in legal studies. It is truly the window through which we can see the experiences of others and benefit from them as much as possible, and at the same time, it is the mirror through which we can see ourselves clearly to enhance the positives of our legal system and address its shortcomings and weaknesses.

In conclusion, we ask God that this work provides the desired benefit to students, researchers, and interested parties. If we have succeeded, it is by the grace of God, and if otherwise, the shortcoming is from ourselves, and we apologize to the esteemed reader for any error or deficiency.

  • ISBN: 9789923150290
  • Weight: 1.000 kg
  • Dimensions: 17×24 cm
  • Paper: White
  • Pages: 352
  • Year of Publication: 2020
  • Binding: Hardcover
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