Judicial Litigation of the State in Civil Cases and the Extent to which it Detracts from the Principle of the Procedural Equality between Opponents.

Abstract

The principle of equality before the courts is one of the most important guarantees of a fair trial in the judicial system, because equality is closely related to justice that cannot be achieved between litigants unless the judiciary is keen to apply this principle in terms of the application of the substantive and procedural legal rules to the case entertained, whereby all parties to the litigation have equal opportunities whenever their circumstances and their legal positions are being equal. In fact, we have seen that the Jordanian legislator deviated from this principle in certain cases for considerations related to the public interest. Yet, and among these cases if the state is an opponent in the case as its function and public policy require it to maintain the public interest. In fact, it has become clear to us that the legislator’s deviation in these cases as it is not considered a violation of the principle of equality between the litigants as long as there is no discrimination between the litigants on account of gender, religion, race, language or a distinction in rights and duties between opponents, and that the reason is regulatory and in order to achieve the public interest while his does not violate the principle of equality.