The Absence of a Parallel Path of Appeal as a Condition for Accepting the Annulment Claim in Light of the Judicial Diligence in the Jordanian Administrative Judiciary

Authors

احمد حسن ابو صباح, جامعة العلوم الإسلامية العالميةFollow
ميس خلدون صالح, جامعة العلوم الإسلامية العالميةFollow

Abstract

The absence of a parallel appeal process is one of the formal conditions for accepting the annulment lawsuit, as this condition is considered a judicial one of origin. The legislation differed in adopting this condition, hence the problem of this research, as the Jordanian legislator did not stipulate the absence of a parallel appeal path as a condition for accepting the annulment case in The Administrative Judiciary Law, and accordingly, what is the position of the Jordanian administrative judiciary on the theory of the lack of a parallel path of appeal, and the extent to which the approach of the lack of a parallel path of appeal can be applied in the Jordanian administrative judiciary, and is there a parallel path of appeal to the annulment claim that makes the annulment lawsuit unacceptable formally. This study aims to clarify the nature of the defense of the lack of a parallel method of appeal, in addition to the statement of the foundations on which the theory of the lack of a parallel method of appeal is based and its justifications. Parallel appeal as a condition for accepting the cancellation case, Since the Jordanian legislator did not provide an explicit text on the absence of the parallel appeal method as a condition for accepting the annulment claim, this study came to discuss this topic. This study concluded several results, the most important of which is: that the Jordanian legislator did not stipulate the absence of a parallel appeal process to accept the cancellation lawsuit under the Administrative Judiciary Law. Still, the Jordanian administrative judiciary has specified the lack of a parallel path of appeal as a condition for accepting the annulment lawsuit in its rulings. This study concluded with several recommendations, the most important of which is: that the Jordanian legislator stipulates the absence of a parallel appeal process to accept the annulment lawsuit, as this reduces the burden on the shoulders of the administrative judiciary.

Recommended Citation

ابو صباح, احمد حسن and صالح, ميس خلدون (2023) "The Absence of a Parallel Path of Appeal as a Condition for Accepting the Annulment Claim in Light of the Judicial Diligence in the Jordanian Administrative Judiciary," Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات: Vol. 24: Iss. 1, Article 46.
Available at: https://digitalcommons.aaru.edu.jo/jpu/vol24/iss1/46