أثر نظرية أعمال السيادة على صلاحيات القضاء الإداري في الأردن

الملخص EN

This research aims to recognizing the impact of sovereignty activities theory on administrative judiciary powers, clarifying sovereignty activities theory, explaining the dangerous consequences of its existence, and its impact on the administrative judiciary.

This research adopt the descriptive analytic methodology.

This study reached a number of results; most important ones as follows: 1.

there is no a specific, conventional and comprehensive definition of the ( sovereignty activities ), every legal specialized define this term in different way.

2.

the jurisprudence didn’t reach until this moment a specified norm that aims to distingue between the( sovereignty activities ) and the other kinds of Executive Power activities, in reason of the ambiguity of this theory, this theory is compatible with the legal logic, with legitimacy principle and with rule of law ,It violate the individuals rights and freedoms as well .

3.

Jordanian legislator stipulated the existence of sovereignty activities without delimitation the nature of these activities, because he see that is the liability of the competent court.

The article (9) of high court of justice, number (12) in 1992 stipulate that ( the high court of justice has not jurisdiction to consider the sovereignty activities appeals and requests).

The administrative judiciary law, number (27) in 2014, article (5) item (d) stipulated that ( administrative court has not jurisdiction to consider the sovereignty activities appeals and requests).

The study recommended with; the importance of elimination the sovereignty activities theory which was created for exceptional reasons, and which is contrast the legitimacy and the law sovereignty, and the importance of classification every act if it is considered under the sovereignty activities or non.