أعمال السيادة و مدى مسؤولية الدولة عنها، و موقف القضاء الأردني من ذلك

Abstract EN

This study addresses the acts of sovereignty.

The study defines the concept of sovereignty in an introductory part.

It attends, in the first part, to the stated criterions for acts of sovereignty as well as the Jordanian judiciary’s stand from such criteria.

In the second part of the study the writer deals with the degree of the State’s liability for acts of sovereignty, and the contemporary forms of admitting the State’s liability for acts of sovereignty in the third part of the study, in addition to the Jordanian judiciary’s handling of such acts.

The writer concludes, in his study, that the Legislator still decides on the State’s non-liability for acts of sovereignty as these acts form a concrete barrier against the submission of some of the state’s acts to the judiciary’s review.

Nevertheless, it was observed that there had been recent attempts or a few indications toward the judiciary’s inclination to limit the scope of acts that could be considered as acts of sovereignty.

This induced the writer to recommend that the concept needs to be treated in most cases as an exception that should be done away with or confined in terms of its effects.

Hence, the writer recommends the abrogation of Article 5/d of the Administrative justice Law No.(27) of 2014, which states that the said Court has no jurisdiction to review petitions involving acts of sovereignty.

The writer further suggests the promulgation of an article that obligates the executive authority to submit all its acts to the judiciary’s review in order for justice to be achieved and to prevent the misuse of authority.