The Jordanian Administrative Judiciary Oversight Law on the Electronic Executive Authority and its limitations

Abstract

The issue of judicial control over the legality of executive regulations in Jordan raises a number of matters with constitutional and legal dimensions related to the protection of the principle of legality and the rule of law. Executive regulations are considered the main tool of the executive authority to exercise its constitutional powers and, at the same time, serve as a necessary complement to parliamentary legislation. This consequently raises a series of problems and questions worthy of investigation, related to the limits of the executive authority in issuing executive regulations, the extent to which they are subject to judicial review, the forms of this control, its obstacles, and ways to develop it.

      Based on this, this study aims to clarify and analyze the constitutional and legal framework of administrative judiciary oversight over executive regulations in Jordanian law, the basis on which this oversight relies, its limits, manifestations, and obstacles, compared—whenever necessary—with comparative legal systems.

      This study – which relied primarily on the descriptive-analytical approach – reached a set of findings, perhaps the most important of which is that the control exercised by Jordanian administrative judiciary over executive regulations remains limited compared to the reality in other legal systems. This is in light of the need to develop the experience of administrative judiciary in Jordan in terms of expanding and spreading administrative courts, as well as broadening the scope of the administrative judge's authority and providing them with special qualifications, so that he or she can exercise this control in the best possible way. Accordingly, the study recommended the necessity of developing mechanisms for judicial oversight of the legality of executive regulations in Jordanian law to ensure that the executive authority's adherence to the principle of legality when issuing this type of regulations.