National and International Legal Guarantees of the Administrative Detention in Jordan

Abstract

Administrative detention is one of the tools used by the administration to maintain public order and to protect community security as an extrajudicial detention. Administrative detention enables local authorities to detain anyone who threatens public order, but without prejudice to his civil and personal liberties. According to the Crime Prevention Law of 1954, governors can take action against persons who are about to commit crimes or assist in the commission of crimes, as well as persons who have a habit of stealing, or who have a habit of protecting or harbouring thieves or helping to conceal or dispose of stolen goods. In accordance with the aforementioned law, governors can also take measures against anyone who is in a situation that makes his presence at large without bail a danger to people. However, although these measures are taken in accordance with the law, there are several national and international legal guarantees that should be considered to protect the rights of those persons. In January 2023, the Constitutional Court of Jordan examined the constitutionality of a number of articles of the Crime Prevention Law. The Court ruled that the law ensures to everyone the basic guarantees for challenging the administrative detention decisions, and ensures that the decisions fall within the principle of legality and the proper implementation of the law in order to achieve its purpose. The Constitutional Court ruling makes an insight on the importance of the guarantees for administrative detainees in the face of the legality of their detention. Using the descriptive method and the analytical approach, this study examines the legal framework of the national and international legal guarantees of the administrative detention in Jordan. It discusses the legal guarantees of administrative detention and the judicial control over administrative decisions that include administrative detention. Finally, the study concludes with a number of important results and practical recommendations.