مظاهر إختلاف شرط المصلحة بين الدعوى الدستورية و الدعوى الإدارية : دراسة في ضوء القوانين و الاجتهادات القضائية الأردنية و المصرية

الملخص EN

The nature of the Constitutional Judiciary and the Administrative Judiciary has affected the set of conditions required to accept constitutional and administrative lawsuits, especially the condition of interest.

It is, therefore, necessary to highlight the differences between the condition of interest in both constitutional and administrative lawsuits.

For that propose, the research has been divided into three sections.

The first section deals with the definition of the condition of interest in a constitutional lawsuit and an administrative lawsuit.

The second section defines the manifestations of interest in both types of lawsuits.

While the third section includes the reasons for the absence of interest in both of them.

The research has drawn a number of important conclusions.

One of them is that the Jordanian and Egyptian Constitutional and Administrative Judiciary have contributed to clarifying the differences in the condition of interest in the constitutional and administrative lawsuits.

Thus, the research reached several prominent recommendations which involve the imperative need for both Constitutional and Administrative Jurisprudences of Jordan to establish interest when the Constitutional and Administrative Lawsuits are filed; but not to establish as a condition the need to retain continued interest until decision is taken on that Lawsuit, and the need for established Jordanian Constitutional and Administrative Jurisprudence on the reasons for the absence of interest in light of related hazards.