مدى سلطة محكمة التمييز في الرقابة على وقائع الحكم : دراسة تحليلية مقارنة

الملخص EN

There are multiple names for the Court of Cassation in Arab legislation.

In Jordanian legislation, it is called the Court of Cassation; in Egypt, Syria, and some other Arab countries it is called the Supreme Court; in Emirati legislation it is called the Federal Supreme Court.

Whatever the case, the Cassation Court, the supreme authority, like the Jordanian Court of Cassation, works to unify the jurisprudence and review the rulings from exclusively a legal point of view in case of violating the law or mistake in its application, without examining the issues of reality, but there is an exception to this rule, when it expands its jurisdiction to include oversight of some facts.

The basic principle is that the Court of Cassation is a court of law.

Therefore, it has no control over the court of merits by its assessment of the facts according to its conviction.

The role of the court of Cassation is exclusively judicial review for the legislation process and the correct application of the rule and the correct interpretation in accordance with the legislation.

Thus, if the decision was issued in accordance with the law, the role of the Court of Cassation is to uphold the ruling, but if the decision was inconsistent with the law, the ruling must be abrogated.