Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Non-Acquiescence to the Administrative Decision as a Condition for Accepting Annulment Lawsuit before Jordanian Administrative Judiciary (A Comparative Analytical Study)

Author(s): Mohammed Mufadi AL-Maagbeh

This research paper seeks to study the condition of non-acquiescence with the administrative decision for accepting annulment lawsuit before Jordanian Administrative Judiciary. Both the legislature and the Jordanian administrative judiciary make it inevitable for the annulment lawsuit to be admissible that the administrative decision should be issued by an administrative body and it should be also final having a legal impact. The appellant should enjoy eligibility in terms of litigation, capacity and interest. The annulment action should be also filed within the given period of time specified by the law. The Jordanian Administrative Judiciary has also added another condition for accepting the annulment lawsuit which is non-acquiescence to the administrative decision. Therefore, this condition has been addressed and researched, through highlighting its essence along with the conditions to be met to ensure its validity, the stance held by the Jordanian legislature and administrative judiciary in addition to its impact upon upholding the principle of legality. The study concluded that non acquiescence of the concerned party to the administrative decision as a condition for annulment lawsuit constitute a violation to the rule of law and the principle of legality, and wasting the principle of judicial control over the decisions of administrative bodies, especially since it is fortification of the administrative decision from the control of the administrative judiciary, and therefore no difference does exist in terms of the subsequence legal impact and the impact resulted from the legislative immunization of the administrative decision against judicial review.

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