Law Commons^™

Jordanian Constitutional Judiciary’S Oversight Of Discretionary Powers Exercised By Legislator When Regulating Constitutional Rights And Freedoms: A Comparative Study, Dr. Shatha A. Al-Assaf

UAEU Law Journal

When regulating constitutional rights and freedoms, the legislator exercises discretion by choosing between the available alternatives to establish legal regulations that enable exercising and protecting them. While doing so, the legislator seeks to strike a balance between rights and freedoms, in a manner that guarantees the public interest. The constitutions have established set controls to ensure that the essence of constitutional rights and freedoms is maintained and that their fundamentals are not violated. Since the constitutional judiciary maintains the provisions of the constitution, this research focuses on the Jordanian constitutional judiciary’s oversight of the discretionary powers exercised by the legislator …

Resolving Administrative Contract Disputes Through Other Methods In Accordance With Saudi Law, Mahmoud Ahmed Hamdi Abdalwahed Dr.

UAEU Law Journal

This research deals with ways of resolving administrative contract disputes by other than the judicial path in the Kingdom of Saudi Arabia, whether through the administrative way or through arbitration.

It shows the importance of this research from the scientific point of view; In that it deals with this topic in light of the recent provisions and procedures dealt with by the new Governmental Competition and Procurement Law in this regard, and the fact that it has not been previously discussed, which made it an idea worthy of study.

Its importance as reflected in practical terms that it contains the …

The Authoritativeness Of Electronic Administrative Decision, Badr Abdullah Al-Matroudi Dr.

UAEU Law Journal

Recent years witnessed great and noticeable development at all levels as a result of the information revolution and the development of means of communication and technology that had a great impact in changing the lifestyle. Accordingly, it is requisite and even necessary for the government departments and agencies in the Kingdom to keep pace with this advancement to absorb the new developments revealed by the changing reality of life. We are well aware that traditional administration has become useless in keeping pace with the times, in the light of the civilizational renaissance the Kingdom is witnessing in the pursuit of …

The Principle Of Legal Security In Light Of Constitutional And Administrative Judiciary, Ahmed Hichour Dr.

UAEU Law Journal

the most important components of the modern state based on the rule of law, which leads to the obligation of public authorities to ensure a degree of stability and steadiness of relationships and legal status, so that people can act with confidence in accordance with the existing legal rules and regulations, and arrange their conditions in its light without the risk of unpredictable actions on the part of public authorities that undermine their legitimate expectations and destabilize their legal positions.

Among the basic requirements for establishing the principle of legal security on the ground, and employing it to protect …

The Application Scope Of Non-Performance Objection In Administrative Contracts: A Comparative Study, Dr. Ekramy Bassyoni Khattab

UAEU Law Journal

Giving up of obligation from a contractor to fulfilling its obligation until the other partner done his opposite obligation; named by the Legal jurisprudential:" non-performance "objection.

This objection has been widely used in the civil contracts, but it isn't in the same in administrative contract, because of its private nature. This research will be talking about the problems which face the applying of this objection in administrative contracts, and how will we solving them? Comparing these problems between the Saudi legal system and the Egyptian legal system.

To achieve the aims of this research, the researcher divided it into a …

Limits And Scope Of The Authority To Amend The Kuwaiti Administrative Contract During Its Execution, Dr. Mona Al Hajri

UAEU Law Journal

This research is concerned with studying the authority of amendment in the administrative contracts in Kuwait during its execution in a broad concept and how it affects the administrative contract as a whole. The study discussed the concept of amending the administrative contract, which includes amending the identity of one of the contracting parties or amending the content of the contract. The study also determined how the amendment is limited by a number of restrictions that widens and narrows according to the types of those contracts, and in accordance with what is stipulated in the contract and the laws and …

Towards The Application Of Artificial Estimation By The Public Administration In Government Sectors, Dr. Amira Badr

UAEU Law Journal

Due to the extraordinary emergency conditions that countries face and affect the performance of administrative authorities and their ability to provide services in public facilities, there is no doubt the emergency conditions that the world is witnessing at the present time, such as the Corona pandemic, has established the necessity towards the development of administrative authorities’ agencies for their digital utilities. And the use of artificial intelligence technologies and their development to enable them to make an administrative decision instead of the human employee.

Then the question arises: Can we, in light of the technological developments that we live now, …

القرار الإداري والسلطة التقديرية للإدارة دراسة مقارنة بين دولة الإمارات ومصر وفرنسا - د. محمود سامي جمال الدين

UAEU Law Journal

تمثل سلطة الإدارة في إصدار القرارات الإدارية ، المظهر الرئيسي والاساسي لوسائل الإدارة في مباشرة كافة أوجه نشاطها دون استثناء ، ولذلك يعتبرها فقه القانون العام أهم وأخطر امتيازات السلطة الإدارية التي لاغنى عنها سيما وأن الإدارة لا تستطيع في غالب الأحيان أن تمارس امتيازاتها الأخرى إلا من خلال هذه القرارات ، إذ تباشر الإدارة عن طريقها مباشرة السلطة التقديرية.

ونزع ملكية العقارات والاستيلاء عليها للمنفعة العام، والتنفيذ الجبري المباشر، وغير ذلك من وسائل وامتيازات يقرره القانون للسلطة الإدارية.

ويدوى هذا البحث على وجه التحديد حول امتياز السلطة التقديرية الذي تتمتع به الإدارة عندما تباشر اختصاصاتها من خلال القرارات الإدارية …

Retroactivity In Administrative Decisions In U.A.E. (Theoretical & Applied Study) By Farouk El Arabi

UAEU Law Journal

The study deals with retroactivity in administrative decisions in U.A.E. It encompasses three parameters; first retroactivity in law, second retroactivity in administrative decisions, the third parameter concerns retroactivity according to legislature applied in U.A.E. The first parameter acts as an introduction to the next two which comprises the main issues in this study. The first parameter briefly discusses the principles of non-retroactivity of laws and whether legislature may overlook this principle. The second parameter categorizes administrative decisions. Into individual and organizational, the latter being subdivided into revealing and institutional laws. The effect of this subdivision on non-retroactivity is then discussed, …

د. شمس مرغني علي فراج - العرف الإداري كمصدر للأعمال الإدارية

UAEU Law Journal

من الملاحظ أن الحروب العالمية قد خلفت دفعاً كبيراً نحو الاشتراكية فظهرت ضرورة تدخل الحكومات، بسبب ما جد بعدها من أزمات اقتصادية واجتماعية وفكرية في الدولي وما ترتب على كل ذلك من تطاحن القوى المحتلفة في الدولة وخطر قويها على ضعيفها وكان من مظاهر ذلك الاتجاه أباح مجلس الدولة الفرنسي تدخل البلديات في ميدان العمل الاقتصادي وعرف باسم الاستراكلية البلدية ولكن الإدارة لم تنول إلى مستوى الأفراد كما هو في انجلترا

من هنا برزت أهمية دراسة العرف كمصدر للأعمال الإدارية وخصوصاً في دولة الإمارات العربية المتحدة باعتبار أن التشريع وليد حديث نسبياً وأن القانون الإداري وليد غض الأطراف، لين الجانب، …

The Jordanian Public Employee And The Right Join Political Parties- حق الموظف الأردني في الانتماء الحزبي, Prof. Ali Khattar Shatnawi

UAEU Law Journal

Establishing political parties was banned in the Hashemite Kingdom of Jordan during the period 1975 to 1992. During this period, joining a hid den party by a public employee was considered as a behavior al breach leading to disciplinary action, which was at that time, termination of the employee's services in accordance with martial law No 4/1970.

In 1992 Political Parties Law No 32/1992 was released which gave public employees the right to establish political parties and to join existing ones. Some categories have been exempted from this right such as Judges, Military Men and Security Departments employees as they …

The Role Of Administrative Law In Defining The Real Source Of Disputed Order, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Job authority is considered an important and fundamental factor in issuing administrative orders. No employee or other administrative party has the right to take a decision (administrative order) unless legally authorized. The researcher has chosen this topic to focus on the importance of Job Authority in issuing administrative orders.

The research is split into three topics:

1. Definition of Job Authority

1. Sources of Job Authority
2. The necessity that the authorized party performs his authorities solely.

The researcher supported his study with a number of court decisions in an attempt to link each subject with whatever is happening in real life …

Legal System For Settlement Of Financial Equipment In Administration Contracts Under Algerian Ublie Bargains Law Of 1991, Revised- النظام القانوني لدفع المقابل المالي في العقد الإداري

UAEU Law Journal

The researcher extensively details in Chapter I the right to receive financial equivalent in administrative contracts pointing to its origin and legal nature. In Chapter II he talks about the Admin. liability to comply with due dates, the possibility of activating its contractual obligations, demonstrating the Algerian 1991 public transactions law stipulations in comparison with French & Egyptian laws, indicating similarities & contradictions.

The researcher ended his research with his conclusion. & comments on the above - mentioned law.

The Role Of Administrative Law In Defining Impetuses Leading To Orders Under Impugnation- دور القضاء الإداري في تحديد أسباب القرار المطعون فيه, Dr.Ali Khattar Shatnawi

UAEU Law Journal

The research explains the role of Administrative Law in defining the reasons behind impugned orders, stressing the importance of having reasons that lead to issuing administrative orders, announced by the administration. The researcher discusses the judicial power in defining such reasons.

The research was ended with conclusions derived from the study of the role of Administrative Law in defining the impetuses leading to orders under impugnation.

Special Features Of Islamic Administrative Jurisprudence (Complaints Law)- خصوصية القضاء الإداري الإسلامي - قضاء المظالم, Aa'ad Hamoud Al Qaisi

UAEU Law Journal

The paper exposes the value of this subject, dividing it into various parts covering identification of Judicial system i n general through detailed study of litigations law, Hesbah Law and Complaints Law.

The researcher attempts to prove the specialty and independence of complaints law under the following topics:

1. Legitimacy Principal in Islamic Administrative Jurisprudence.

II. Independence of Islamic Administrative Jurisprudence.

Ill. Islamic Administrative Jurisprudence. Is a “specialized law”

Objective Conditions For Stay Of Execution Of Administrative Decisions In The French State Council's Decisions And Jordanian High Court Of Justice: A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyze the required objective conditions to accept the application to stay the execution of administrative decisions objected for cancellation in the judgement of the French State Council and Jordanian High court of justice. This study concludes that the stay of execution can't exist except in face of final administrative decisions and there should be an interest for the objector and irreparable damage in case of execution of the decision and the application for stay of execution should stand on serious reasons.

In conclusion the study invites the Jordanian Administrative Judge to specify the …

Meditations In The Administrative Disputes In The United Arab Emirates, Prof. Majed Ragheb Ei-Helw

UAEU Law Journal

The United Arab Emirates complies with the system of unified jurisdiction. But as a federal state, the judicial function is divided between the federal government and the Emirates. The constitution has defined the competence of the federal jurisdiction and left the rest to the Emirates ones. But all of the Emirates except Dubai and Ras Al Khaimah have joined the federal jurisdicaon.

The constitution confined the juridical supervision on the administration actions and specified the competence of the federal jurisdiction in the settlement of administrative disputes. The federal courts has put into effect federal legislations and general principles in order …

The Continuous Administrative Order, Dr.Ali Khattar Shatnawi

UAEU Law Journal

This study covers, in two parts, the continuous order being considered as a normal order with the exception that it has a continuous legal effects. In part 1 the writer identifies it through the continuous crime in penal law. Part 2 covers applications of continuous orders by proriding some examples,

The Principle Of Equality In Public Service Appointments And Its Application In Administrative Judicial Stipulations A Comparative Study, Musa Shehada

UAEU Law Journal

The purpose of this research is to analyses the principle of equality in choosing between applicants for public service vacancies as it is one of serval fundamental principles governing appointment in public service.

The study concluded that discrimination among candidates for public service vacancies on the basis of political, religious or sex considerations is not admissible under the Internationl conventions and constitutions of states.

Though the suitability of a nominee to occupy a certain vacancy is to be decided by the concerned authority according to its discretionary power, yet such decision should not be a basis of error in law, …

Inspection As Means Of Evidence For Illegality Of Challenged Decision, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Evidence of illegality of challenged decision is deemed one of the most important subjects, because right has no value unless it is protected by law against any outrage upon him. This study concerns with difficulties that face evidence of illegality of challenged decisions, and all reasons might be behind these difficulties such as maintenance of administration to all written documents or lack of cooperation between administration and administrative courts. Inspection is a direct means of evidence, it is clearly connected with all facts required to be proved. French, Jordanian and Egyptian Courts have adopted it as a means of evidence …

Judicial Circumstantial Evidence Proving Illegality Of A Challenged Decision, Dr.Ali Khattar Shatnawi

UAEU Law Journal

Though burdensome, administrative proving is not impossible.

Administrative justice has exerted tremendous efforts to help claimants prove their claims.

Evidence is one way to establish administrative proving.

Administrative courts have endorsed the possibility of resorting to evidence to establish the illegality of challenged decisions, though they are not stipulated by the law and may only be elicited by the judge from the context, circumstances and facts of the plea, once he finds them significant.

Such evidences appear within the context of indirect confirmation proofs as they transfer the burden of —proof from the disputed fact (which is difficult to prove) …

The General Principles Of Law Relating To The Concept Of Freedom In The Judgments Of The Administrative Judicature A Comparative Study, Musa Shehada

UAEU Law Journal

The aim of this research is to study the general principles of law in connection with the concept of freedom in the judgements of the French State Council and the Jordanian Supreme Court of Justice. The paper tackled these principles directly through discussion of the General freedoms as defined b! laws and indirectly through examination of the general principles of la! Relating to organization of public authorities and function of the administrative judicature as well. The study in its conclusion pointed out to the obvious difference between the general principles defined by law and the general principles on organization 01 …

The Judicial System In The United Arab Emirates And The Necessity Of Specialized Administrative Judicial System, Mohammad Abdullah Hammoud

UAEU Law Journal

This research deals with the judicial system of theUnited Arab Emirates, and the judicial control of Administrative acts. As well as the legal basis of the judiciary competera's to deal with administrative disputes. This research also deals with the determinate of the various aspects of the administrative law falling with the scope of the jurisdiction of the judiciary in the U.A.E. and expose the most important judicial application in the field of the administrative decision, it's elements, defects, as well as the judicial decisions related to administrative contracts.

This research embraces also the recent development toward the establishment of administrative …

Judicial And Legislative Development In The Field Of Administrative Contract Disputes And Its Adverse Impact On The Theory Of Dichotomy Of Administrative Decisions, Muhammad Salim Amin, Ali Yunus Ismail

UAEU Law Journal

The study deals with the latest judicial and legislative developments in the field of administrative contract disputes, as both the judiciary and legislation, especially in France, worked to develop a number of solutions to confront problems that were facing the right of others to challenge the administrative contract, whether the issue related to previous acts to conclude the contract And paved for it, or in some subsequent acts on the implementation of the contract, and even in the validity of the contract itself.

Moreover, the study included an explanation of the modern French judicial position regarding opening the way for …

Public Interest As A Criterion For The Legality Of Administration Acts, Omar Al- Bourini

UAEU Law Journal

Public administration assumes various actions that vary in their nature, appearances and implications. In order to perform these administration functions, the administration has to have an authority for achieving certain goals. The authority is not considered a privilege that can be used however and whenever the administration likes. On the contrary, these should be used for certain goals, that is, public interest. Public interest as a term is a wide concept, which usually raises many problematic issues concerning the administrative action since it is the aim of any authorized work. Consequently, the range of the administrations submission to the law …

Financial Administrative Corruption: Its Causes, Effects And Means Of Combating It., Nawaf Salem Kanaan

UAEU Law Journal

The purpose of this study is to identify and analyse the issue of administrative and fiscal corruption. It emphasizes the importance of the fight against corruption, both in Islam and international conventions and exposes the causes of corruption such as bribery, embezzlement and money laundering.

The study, deals with the impact of corruption on development, administrative reform, national economy and social conditions. It also explores the means to confront corruption in constitutions, legislations, penal codes, judicial, administrative and fiscal reviews, especially the administrative means such as the creation of an institution to fight corruption, to establish a standard of official’s …

The Application Of Disciplinary Punishment And It's Legal Justification, Aa'ad Hamoud Al Qaisi

UAEU Law Journal

This research paper deals with the authority extent the administration has in disciplinary punishment, and the role of the Punishment Council, as a surveillance body, in establishing legaljustification behind punitive judgment. It is by ipso jure that the responsibility of carrying out disciplinary punishment lies upon the administration which is directly linked to the party which committed the violation. On the other hand, the Punishment Council holds an authoritative position only in terms of evaluating the graveness of the contravention and providing legaljustification for the punishment; otherwise, the act of punishment itself is the responsibility of the administration.

In this …

The Impact Of The Demise Of Interest In An Annulment Action Under The Jordanian And Comparative Administrative Jurisprudence: An Analytical Provenience Comparative Study

UAEU Law Journal

Direct personal interest is a prerequisite for the establishment of an abolition case. But this interest may fade when one looks into the case and this happens also before the final judgment. To address this situation, the Jordanian and Egyptian Administrative Judiciary - contrary to what was stable in the French State Council -, has decided to consider the dispute as ended. Therefore, this research aims at demonstrating the importance of continuing to see the abolition case despite the demise of the plaintiff interest, and the protection of the principle of legality and the public interest. This present research is …

The Reciprocal Relation Between Executive And Legislative Powers In The Syrian Political System, Ghassan Salim Arnous

UAEU Law Journal

The permanent constitution of the Syrian Arab Republic of 1973 established a political system that enjoys some characteristics of the Parliament System and Presidential System. The most important point of the parliament system adopted by the Syrian system is the flexible separation between powers, which results in reciprocal relation between the executive and the legislative power and can exercise a kind of censorship thereupon through several means and authorities vested in each power by the permanent constitution. Consequently, this leads the authorized officers to respect the provisions of the constitution and the rights and freedoms of individuals. It also guarantees …

Restriction In The Voters' Lists For The House Of Representatives In Bahrain, Badr Mohamed Adel

UAEU Law Journal

The aim of this study is to point out one of the preliminary procedures the electoral process in the Kingdom of Bahrain goes through as a preparatory process for electing the members of the House of Representatives of Bahrain. This is the process of registration in the voters’ list. This has taken place after the process of democratic and political reform has firmly been established in the form of public participation. We are at the beginning of the third legislative term and the manner that the Bahraini Judiciary controls the process of registration shows to us the positive and negative …