دور القضاء الإداري الأردني في حماية مبدأ المساواة

الملخص EN

This study focuses on defining the legal concept of equality and its various applications in the Jordanian administrative judiciary.

Having regard to the fundamental importance of the principle of equality as the cornerstone upon which all other public rights and freedoms of individuals are based, and the constitutional value it has .

We have chosen this important subject to identify the theoretical and practical aspects of this principle, within the framework of administrative law and the reality of the Jordanian administrative jurisdiction in particular, especially as the practical reality of the administration has witnessed a violation of this principle in quite a few administrative decisions in various and diverse areas, which represents a violation of the principle of legality.

We have concluded from this discussion a number of recommendations, most notably: the need to provide in the Constitution for the prohibition of immunization of administrative decisions from judicial control, and to give the administrative judge the necessary powers to compel the administration to implement its judgments pursuant to the principle of equality before the judiciary, and the provision in the Administrative Jurisdiction Law to include appeals in Administrative decisions contrary to the principle of equality as a matter of urgency, as well as the need to establish legal mechanisms cooperation between the central administrative control and the administrative jurisdiction to limit the administration violation of this principle, which represents a form of administrative corruption.