الرقابة القضائية على قانون و أوامر الدفاع أثناء جائحة كورونا في التشريع الأردني : دراسة مقارنة

الملخص EN

Administrative activity has two main aspects, namely, administrative control and management of public utilities.

Consequently, it is responsible for the proper functioning of these facilities and for maintaining the public order with its four elements, and the legislator has granted them certain powers, whether in normal or exceptional circumstances, and to put control over their work in all those circumstances, but this control is the least possible on some of the pillars of the administrative decision in circumstances.

The exceptional compared to normal circumstances in order to be able to face the emergency situation that the country is going through, such as the current exceptional circumstance due to the outbreak of the Corona virus, so the public administration in exceptional circumstances may exercise from the administrative control powers what it cannot exercise in normal circumstances, but that does not mean that it is acting from It is not restricted or controlled, rather it is subject to many restrictions and controls.

The administrative judiciary ensures its compliance with them so that the administration does not take advantage of the exceptional circumstance to overthrow the public freedoms of individuals.

The administration, even with the emergence of exceptional circumstances, acts within the framework of the principle of legality and according to its rules, but it is legitimate of a kind Special or exceptional legality, which administrative jurisprudence calls the term legitimacy of crises.