خطأ في الصياغة الفنيّة لإحدى صلاحيات محكمة العدل العليا الأردنية

مجلة مؤتة للبحوث والدراسات، العدد 8، مجلد 17، 2002

Abstract

The seventh provision of paragraph (A) of Article (9) of the Jordanian High Court Appeal Law dispenses the Execution Administrative Power Regulations, and the Independent, from legality control, in spite of the legality principle that forms limitation to the Administrative Power. It is a liberal principle, and a factor of liberalism factors in the administrative system. It is natural, that liberalism should be more inviolable, whenever the two spheres have legal methods, which are wide and easy to penetrate, as well as being more effective in regard to control and law respect by the Administration, provided that they do not trespass over population rights and liberty.

Hence, adopting the objective standard of the administrative decision shall dispense the Execution Power, not only from law respect, but also from constitution respect. We hope that such a situation, towards regulations of their two kinds, shall be reviewed. Besides, the administrative decisions shall be subject to objection, whenever the Power overlaps before the Jordanian High Court of Appeal