The effect of reversing the jurisprudence of the administrative judiciary in Jordan on legal security: a comparative study.

Abstract

     The administrative judge seeks to strike a balance between the parties to the litigation without excessive protection of the weak party and excessive protection of the influential party as they seek to regulate the relationship between the legal security of individuals and the principle of legality. The study aims to demonstrate the extreme seriousness of refraining from the jurisprudence of administrative elimination of individuals' legal security, which must therefore be justified for the utmost necessity and objective reasons.

     The study adopted a comparative analytical descriptive approach, in addition to the "inductive" approach, by reaching several parts through a single holistic meaning, namely, the renunciation of administrative jurisprudence, mediated by a common denominator of all and those fragments, which is the relative uncertainty of such jurisprudence in the comparative systems.

     The study concludes that there needs to be more consistency between the renunciation of jurisprudence and legal security and recommends that the retroactive effect of new jurisprudence that constituted a departure from previous jurisprudence should be limited.