أثر العدول عن اجتهاد القضاء الإداري في الأردن على الأمن القانوني: دراسة مقارنة

Abstract

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

     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 concluded that there was no consistency between the renunciation of jurisprudence and legal security, and recommended that the retroactive effect of new jurisprudence that constituted a departure from previous jurisprudence should be limited.