vol 16 no 2,2016

The Impact of the Constitutional Amendment in 2011 and the law on the Elimination of the Administrative Judiciary and Civil Administrative Compensation

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The Impact of the Constitutional Amendment in 2011 and the law on the Elimination of the Administrative Judiciary and Civil Administrative Compensation

Dr. Nadia Mohammed Quzmar

Department of Private Law

Faculty of  Law

Amman Arab University – Jordan

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Abstract:

In the light of the constitutional amendments, which were issued in 2011 and affected a large group of the Jordanian Constitution of 1952 materials including Article (100) which was revised to read "types of all courts and their levels, departments, responsibilities and how they are managed, are determined by a special law that states for the establishment of an administrative eliminate on two levels" instead of the previous text which states that types of all courts, levels, departments and responsibilities and how they are managed, are delermined by a special law that states for the establishment of High Court of Justice", and in the light of the issuance of Administrative Justice Act of 2014, implementation of these amendments, the present study was to highlight Reading over this amendment an orientation for the expansion of the jurisdiction of the administrative court to be created in view of the civil conflict and the limits of that jurisdiction and whether the administrative judiciary Act of 2014 included any addition in this regard.

The study found that the administrative judiciary law did not have any addition of the elimination of compensation, but repeated the same regulatory texts of the terms of reference of the High Court of Justice of the law of 1992 with some modifications in spite of the amendment of Article 100 of the Constitution, which necessitates the establishment of eliminate administrative to two degrees created an opportunity to create this elimination which includes all requirements and its details. The study resutted in a set of findings and recommendations that we believe to be of interest to create a complete administrative elimination we hope to be taken into consideration and adopted.

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