The Position of the Jordanian Legislator on the Cancellation of the Administrative Decision for the Lack of Jurisdiction Defect

Jehan K Al-Zubi

doi:10.7176/jlpg/90-11

Abstract

This study aims at highlighting the position of the Jordanian legislator on the cancellation of the administrative decision for the lack of jurisdiction defect. It identifies the concept of lack of jurisdiction defect in the administrative decision and trying to explain and analyze the subject matter of the study including the legal articles and judicial rulings. It is necessary to respect the principle of legality in the activity of any member of the administrative authority through the direct powers assigned, and not to exceed the rules of distribution of jurisdiction or violating it. hence there must be a person who conducts legal acts and expresses their will in its name, and the administrative judiciary is the competent authority to control the jurisdiction in the administrative decision as the pyramid of Judiciary in Jordan. Keywords : Jordanian legislator, Administrative decision, Jurisdiction defect, Jordan DOI : 10.7176/JLPG/90-11 Publication date :October 31 st 2019

Highlights

The administrative decision is an essential means to enable the administration, which enjoys privileges, the most important of which is that it is a national administrative authority, whether central or decentralized, to exercise the administrative competencies
Administrative decisions issued by the administrative authority are important legal means by which the administration exercises its administrative activity and expresses its will for the interest of the public, due to many practical and theoretical problems raised by the administrative decision
Research goals The objectives are determined by the importance of the subject in question, which is the position of the Jordanian legislator on the cancellation of the administrative decision for the lack of jurisdiction defect. the objective of the study is to identify the concept of lack of jurisdiction in the administrative decision, and try to explain and analyze the subject matter of the study of legal and judicial provisions, and address whether There was a legislative deficiency that was committed by the Jordanian legislator with regard to the canceling the administrative decision for the lack of jurisdiction

Summary

Introduction

The administrative decision is an essential means to enable the administration, which enjoys privileges, the most important of which is that it is a national administrative authority, whether central or decentralized, to exercise the administrative competencies. Administrative decisions issued by the administrative authority are important legal means by which the administration exercises its administrative activity and expresses its will for the interest of the public, due to many practical and theoretical problems raised by the administrative decision. When issuing such decisions, it shall adhere to the principle of legality so that their decisions are not subject to appeal by cancellation or compensation or both before the courts (Al-Samana, 2011)

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