Political Sciences and Law Series

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

2026-04-05T11:56:24+02:00

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.

The Limits and Challenging Aspects of the Principle of Emotional Conviction of the Criminal Judge: An Analytical Study in Jordanian Legislation

2026-06-07T15:56:09+02:00

This study dealt with the principle of emotional conviction as a basis of criminal proof system in Jordanian legislation focusing on a serious problematic issue of the existing controversy between the judge freedom of convictiuon (pursuant to Article 147/2of the Code of Criminal Procedure)and the restrictionto specific means of proof (under Artcile 147/3 and Article 283of the Penal Code),in the context of proving facts related to the crime such as (adultrery , breach of trust, and personal status matters in crimes against honor). The study aimed to analyze these controlsand issues and to determine whether they constitute genuine limitations on the principle. Employing both descriptive and analytical approaches –bsed on examination of legal provisions , scholarly opinions, and rulings by the Jordanian Court of Ccassation- the study readched several conclusions. The most important of which is that procedural controls (such as the legality and public nature of evidence ) and substantive conrols (such as the requirement to provide reaosns for judgemnets and the restriction to specific types of evidence ) do not confluct with the principle of judicial convictionbased on onscience, rtaher they regulate it and and prevent it from devolving into absolute authority and the restriction set forth in Article 283of the Penal Code ( regarding the crime of adultery ) applies to the *means * of proof rather than the judge's power of conviction, thereby preserving the judge's discertion to evaluate such eveidence once it is establsihed. The study also revealed deficiencies in the current text of Article 237of the Code of Crriminla Procedure , concluding that cassation review does not extend to *how* the judge reached a conviction, but rather to *what* the judge was convinced of and the validity of the underlying reasoning. The studt recommende ammending Article 237 , called upon the legislator to clarify the parameters of exceptions to the principle of free proof, and emphasized the importance of detailed reasoning in judicial training.

The Legal Effect and Legislative Regulation of the Agreement to Sell Off-Plan in Jordanian Law in Accordance with Articles (128–130) of the Real Estate Property Law: An Analytical Comparative Study with the French Law

2025-09-01T14:28:00+02:00

Recent decades have witnessed a remarkable development in real estate contracting methods, especially in light of urban expansion and rapid population growth, which has led to the creation of contractual formulas that allow early ownership of real estate before its construction is completed. Among the most prominent of these formulas is the promise to sell off-plan.This mechanism is a financing and investment method used by real estate development companies to market future projects, whereby potential buyers agree to purchase unconstructed real estate units based on plans and technical specifications. Despite the economic advantages this formula offers, it also poses numerous legal issues related to protecting the parties to the contractual relationship, particularly the buyer, who may face risks such as delayed delivery, non-compliance with agreed-upon specifications, or even project failure.Therefore, the legislator in many countries has intervened to regulate this type of agreement, whether through civil laws, real estate regulations, or legislation regulating off-plan sales. This research aims to study the legal regulation of the off-plan promise to sell agreement, in terms of its effects, and to analyze the legal framework regulating it, with a focus on the legal protections provided to the parties.

The legislative Reform and the Effectiveness of the Party System in Jordan: A Field Study (2025)

2026-06-20T16:55:45+02:00

Objectives: This study analyzes Jordan’s party experience considering recent reforms, with particular emphasis on the state of party participation during the 2024 parliamentary elections. It also examines the factors shaping young people’s engagement in political parties, assesses the effectiveness of political parties and the media in encouraging political participation, and offers practical recommendations to strengthen the performance of the party system in Jordan.

Methodology: The study employs a mixed-methods approach combining quantitative and qualitative techniques. A questionnaire was designed and administered to 844 respondents from diverse youth groups. In addition, the study reviews and analyzes electoral and party laws and their associated regulations and compares the practical experiences of the 2024 parliamentary elections with the objectives of legislative reform as reflected in the 2022 Political Parties Law.

Results: The findings indicate a set of key challenges facing party work, including weak media presence and limited digital communication, shortcomings in parties’ internal democracy, restricted youth participation, and the absence of clear and effective party programs. The study also identifies a modest role for civil society institutions in fostering political engagement. It proposes practical recommendations focused on strengthening parties’ political and media communication, developing their organizational structures, empowering youth and women, and activating training and political empowerment programs. These measures would contribute to building a stronger party system that is more responsive to citizens’ aspirations and that enhances political participation at multiple levels.

Deterrence Strategy in Israeli Security Doctrine Between Constants and Variables After Operation Al-Aqsa Flood: An Analytical Study of Transformations in Israeli Security Doctrine

2026-04-07T17:27:07+02:00

Objectives: This study aims to analyze the determinants of deterrence within Israeli security doctrine prior to the 2023 Al-Aqsa Flood operation, examine the impact of the operation on the effectiveness of Israeli deterrence, and identify the elements of continuity and change in Israel’s deterrence strategy.

Methodology: The study adopts the international system analysis approach to understand political interactions at both the international and regional levels. It also employs this approach to analyze Israeli deterrence strategy as an integral part of the system, influenced by its dynamics through a deconstruction of the strategy. In addition, the study utilizes the descriptive-analytical method to examine the structure of Israeli deterrence, as well as the case study method, considering the Al-Aqsa Flood operation as an analytical model for interpreting transformations in Israeli security doctrine.

Conclusion: The study focuses on analyzing the emergent transformations in Israeli deterrence strategy following the Al-Aqsa Flood operation, by examining both the constants and variables within the deterrence structure. It further addresses the impact of the rise of non-state actors and the expansion to multi-front dynamics on the erosion of deterrence effectiveness, and its shift toward conflict management rather than decisive resolution.

The findings indicate the persistence of the core tenets of Israeli security doctrine, accompanied by a relative decline in its capacity to produce effective deterrent outcomes. They also reveal a growing gap between Israel’s military superiority and its ability to achieve sustainable political results, as well as a transformation of deterrence from a tool of decisive resolution into an instrument for managing and reducing the intensity of conflict.

Human Rights in Jordanian Political Parties and Their Role in Democratic Transition: A Study of Procedural Challenges

2026-03-26T12:28:34+02:00

This study aimed to identify the role of human rights in Jordanian political parties during the democratic transition. Accordingly, the research problem was defined as exploring how political parties address procedural challenges in democratic transition based on their adoption of human rights principles. To achieve this objective, a descriptive-analytical approach was used, employing a questionnaire administered to a multi-stage stratified sample of 800 party members from Jordanian political parties in 2025. To measure the impact of the human rights climate within Jordanian political parties on addressing procedural challenges hindering democratic transition, a questionnaire consisting of 51 items was developed, distributed across two axes: the human rights climate within political parties and the parties' ability to address procedural challenges to democratic transition. After confirming its validity and reliability, the questionnaire was administered to the sample. The results showed that the overall human rights climate within political parties was moderate, and the parties' ability to address procedural challenges to democratic transition was also moderate. The results showed a statistically significant correlation between the human rights climate within political parties and the parties' ability to address the procedural challenges facing democratic transition.

In light of these findings, the study recommended several measures, most importantly the need for further evaluative studies of the human rights climate within political parties and the effectiveness of their procedural capacities to address challenges, to ensure continuous improvement and adaptation to evolving political and social developments.

The Role of Political Parties in Economic Development: The Case of Reunified Germany

2025-11-19T12:04:49+02:00

The study aims to analyze the role of German political parties in promoting economic development since the reunification of the country in 1990, by examining the economic programs of major parties and comparing them with the economic performance over the last few decades. The study employs a structural functional approach and a systems analysis methodology, analyzing the role of political parties in building economic stability through a balance between social justice and market efficiency. It also utilizes political economy theory to understand the relationship between economic policies and the social distribution of wealth, and neoliberal theory to explain the impact of open market policies on economic growth.

The study concludes that political pluralism and repeated coalitions between major parties, such as the Christian Democratic Union (CDU) and the Social Democratic Party (SPD), have contributed to the continuity and stability of economic policies. Furthermore, the shift toward a green economy resulted from the interaction of environmental, social, and liberal parties, positioning Germany as a leader in renewable energy and sustainable development.

The study recommends enhancing dialogue between political parties on long-term economic policies, improving legislative oversight mechanisms, and encouraging youth political participation to renew economic thought. The findings demonstrate that the German experience represents a successful model of integrating party democracy with economic efficiency.

The Criminal Law Response to the Adoption of Extremist Ideology under UAE Legislation

2026-06-20T17:04:40+02:00

This research aims to study and analyze the criminal responsibility arising from the adoption of extremist ideology in Emirati legislation and in comparative law, through a scientific methodology based on the legal and critical analysis of the relevant texts. The research examined the legal basis for criminalizing the adoption of extremist thought in Federal Decree-Law No. (7) of 2014 on Combating Terrorist Crimes and its amendments, Federal Decree-Law No. (34) of 2023 on Combating Discrimination, Hatred, and Extremism, in addition to the laws related to combating cybercrimes. It also addressed the material and moral elements of the crime under study, analyzed the resulting criminal outcome, and highlighted the preventive nature adopted by the Emirati legislator through the recognition of the concept of “ideological danger” as a sufficient standard for legal intervention, even in the absence of an overt material act.

The research further compared the UAE legislative approach with its counterparts in a number of contemporary Western and Arab legal systems, highlighting the fundamental differences between the models that adopt a preventive and proactive strategy and those that primarily focus on the public expression or the material support. The study also examined the criminal measures prescribed which combine punitive and rehabilitative objectives through placement in counseling and rehabilitation centers, digital monitoring, and restrictions on personal liberty. The research reached a number of legislative gaps, particularly with regard to the temporal and supervisory aspect of these measures

The European Union's position on the Israeli aggression against Gaza during the Period 2008-2024

2026-06-08T09:34:21+02:00

This research examines the EU's position on the Israeli wars on Gaza from 2008 to 2024 by analyzing and evaluating its response to these conflicts and its interactions with the main parties to the conflict.

This research is based on the problem of the inability of the European Union to emerge as a balanced position that is expressed as a unified institution and to be a normative force capable of controlling the conflict, and this is attributed to several internal and external factors, including the internal division in the European ranks and the presentation of regional interest over moral and legal values.

This study relied on several approaches, including(the institutional approach and the decision-making methodology) to analyze how the organization of the European Union and its legal structures contribute to the formation of its internal and external policies and decision-making mechanism.