Jordanian Journal of Law and Political Science
Jordanian Journal of Law and Political Science Print ISSN :2520-744X | Online ISSN: 3005-2491 The Jordanian Journal of Law and Political Science was established in 2009 to be the official scientific journal of law and political science in Jordan. Published with the Support of Scientific Research & Innovation Support Fund / Jordanian Ministry of Higher Education and Scientific Research and is based at Mutah University. It is published regularly, four issues per year. The journal specializes in legal sciences and political sciences. Over two decades, the journal has published many papers by elite academics from different countries and cultures, whose impressions of the journal and its procedures have always been appreciated. Jordanian Journal of Law and Political Science is an open-access journal committed to publishing original, high-quality scholarly research papers that provide solid insights into all aspects of Law and Political Science. The journal publishes research of high scientific quality and in accordance with serious, objective scientific standards in terms of peer review and publishing. The journal follows a policy that balances quality, flexibility and speed requirements. The journal receives scientific research in three languages (Arabic, English and French). The journal includes in its various bodies an elite group of scientists and academics from countries around the world with an advanced academic reputation. The journal is published electronically. In addition, most of the journal's issues are available on its website. Since its founding, we can say that the journal has contributed to the advancement of scientific research in its field of specialization.
Publisher Mutah University Deanship of Academic Research (DAR)
The Legal Foundation of Criminal Responsibility of AI-Enabled Crimes According to the Jordanian Law: Analytical Study
This study examines the criminal responsibility and legal foundations of the principal perpetrators (the AI producer, the final user, and their minions) for AI-enabled crimes, and identifies the legal dilemmas facing criminal responsibility for AI-enabled crimes under Jordanian criminal law. One of the most important of these dilemmas is the call to grant AI legal personality, thereby conferring criminal capacity. Accordingly, this study adopts a descriptive-analytical approach. This study concludes that several outcomes are possible, the most important of which is establishing criminal responsibility for the principal perpetrator of foreseeable AI-enabled crimes. It is legally groundless to hold the principal perpetrator criminally accountable for unforeseeable AI-enabled crimes. It found that the jurisprudential call to grant AI, per se, legal personality and criminal capacity, and thus to bear criminal responsibility, is legally groundless. Ultimately, this study recommends that legislative intervention address several legal loopholes, such as cases involving crimes committed by artificial intelligence without the principal perpetrator's intent. The need for regulatory foundations for the production and use of artificial intelligence to establish a form of presumed liability for transitive intent crimes committed by artificial intelligence.
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Harmonization of Jordanian Legislation with the United Nations Convention against Corruption: The Crime of Bribery as a Model
The United Nations Convention against Corruption is considered one of the most important international legal documents that seeks to unify efforts in criminalizing acts of corruption, including traditional and new forms of bribery. Among these forms introduced by the Convention are bribery committed by foreign public officials, officials of international organizations, and bribery in the private sector. This research came to address the extent of harmonization of Jordanian penal legislation with these international obligations, through analyzing relevant national laws, primarily the Penal Code, the Integrity and Anti-Corruption Law, and the Economic Crimes Law. The research concluded that there are legislative gaps in Jordanian law, most notably the failure of the Penal Code to criminalize bribery committed by foreign public officials or officials of international organizations, as well as bribery in the private sector, contrary to the provisions of the international Convention. In contrast, the Integrity and Anti-Corruption Law addressed some of these shortcomings through explicit provisions, but it did not adequately address the issue of bribery in the private sector. Therefore, the research recommends the need to amend the Penal Code to include explicit criminalization of these forms of bribery, expanding the scope of criminalization in the private sector, and re-examining the prescribed penalties to ensure their effectiveness and compatibility with international standards.
United Nations Convention against Corruption
Copyright (c) 2026 Jordanian Journal of Law and Political Science
The Legal Admissibility of Suing Tobacco Companies for Smoking-Related Damages Under Jordanian Law: The U.S. Litigation Experience as a Model
Smoking is a lawful act falling under the domain of personal freedoms protected by law; however, personal freedoms are not absolute and vary in their significance. The right to life takes precedence over the mere enjoyment of freedoms, with a strong, intrinsic connection between the right to life and the right to health. Smoking is widely regarded as one of the most dangerous health threats, and thus indirectly to life itself. This issue presents an unconventional challenge requiring innovative approaches for mitigation. Notably, the American experience in litigating against tobacco companies for the harm caused to smokers offers a non-traditional approach that complements public health initiatives in combating harmful tobacco use. Despite the differences between the legal systems in the United States and Jordan, Jordanian smokers may base their claims against the Jordanian tobacco industry on legal and procedural grounds similar to those applied under American law. Pursuing legal action as a means of compensating for smoking-related harm would not only support Jordan's healthcare system but also reveal legislative gaps within the Jordanian Civil Code and other relevant laws that may obstruct smokers' claims against the tobacco industry, thereby allowing for necessary legislative improvements.
The defence of duress in commercial instruments upon endorsement: between purge and non-purge in the Jordanian legislation
The enactment of the law stating that endorsement constitutes purge of defences to commercial instruments is of pivotal importance in strengthening confidence in these instruments and enabling them to perform the functions of payment and credit. However, it is not absolute, and there are exceptions to it. This research focuses on the defence of duress and clarifying whether it is considered one of the defences that accept purification or not in Jordanian legislation. The research concludes that this defence is included in the ranks of defences that do not accept purification, which is considered contrary to the prevailing jurisprudential and judicial orientation. It is recommended that the defence of duress be considered one of the defences that are not explicitly purified by endorsement. The descriptive analytical approach was employed, and the comparative approach was resorted to when necessary.
The Role of Political Parties in Promoting Political Participation in Jordan (1989-2024)
This study aims to analyze the causes and factors that lead to the weakness of the practice of partisan work in Jordan, and to show the impact of the representation of political parties in parliaments on political participation by analyzing the extent of the influence of political parties on the levels of political participation in Jordan. To achieve the objectives of the study, the descriptive and analytical approach was relied on to describe the reality of political parties in Jordan, and to analyze their organizational structure, objectives, programs, and their ability to influence the political field. In addition to analyzing the level of political participation in Jordan, and the factors that hinder or support this participation.And also relying on the systems analysis approach to understand the relationship between political parties as part of the political system, and the rest of the political and social components by analyzing the roles played by parties in promoting political participation in Jordan, which explains this through the components of the system and its adaptation to the surrounding environment. The study found that the weak organization of parties and the decline in their effectiveness are negatively correlated with the level of citizen participation in the political process. The results showed that more organized and active parties have greater popular participation, which enhances the effectiveness of political participation and broadens the voter base. In addition to the lack of confidence among citizens in political parties as a result of their weak organizational performance and lack of actual representation of community issues, which negatively affects political participation and increases the phenomenon of reluctance. The study concluded that there must be a reduction in the number of political parties by merging them with other parties so that they are right, center and left, which makes citizens join political parties because there will be competition between parties to reach power and formulate their programs in a way that meets the requirements and needs of citizens.
The Extent of the Telecommunications Company's Commitment to Informing the Beneficiary and the Penalty for Breach in Jordanian law: A Comparative Study with Egyptian and French law
The study addresses the extent to which the telecommunications company, the service provider, is committed to informing the beneficiary of their mobile phone subscription, given that the beneficiary is the weaker party to the contract. It also outlines the penalty for breaching this obligation. The study explores this by explaining the concept of the obligation to inform in the mobile phone subscription contract, and the difference between the obligation to inform before contracting and the obligation to inform after contracting, given that the contract involves technical matters that are difficult for many beneficiaries to grasp. The study also establishes the legal basis for the obligation to inform and examines the civil and criminal penalties for breaching this obligation under the contract. The study concludes that the Jordanian legislator explicitly affirms the service provider's obligation to inform the beneficiary, similar to what the Egyptian and French legislators stipulate. This is to ensure their right to understand the nature of the services and their obligations, promote transparency, and protect the rights of subscribers in the telecommunications sector. The researcher recommends the establishment of a flexible legislative and legal system with a high capacity to accommodate the ongoing changes and developments in the field of mobile phone services. This system should be able to regulate all provisions and implications of contracts from the moment they are concluded until their implementation, with a particular focus on telecommunications companies' commitment to providing information. Clear and effective civil and criminal penalties should be established if companies fail to comply with this commitment. This aims to protect the rights of beneficiaries, promote the principle of transparency, and ensure the implementation of penalties, thus enhancing trust and ensuring fairness in the telecommunications market.
Flexible working hours in the public service: a comparative study between French law and Jordanian law
The modern development in public administration requires the use of some of the prevailing work concepts in the private sector, including flexible work, which has become one of the basic matters for performing public services, especially in emergency situations. What facilitates flexible work in the public service is the development of means of communication that helps facilitate the task of the administration's work so that work can be performed from a place outside the framework of the places designated for official work. This study came to show the extent of flexible work in the public service in French law and Jordanian law, as this study shows the concept of flexible work in the public service and the forms of flexible work, which are flexible working hours, part-time work, remote work, and shift work. The most important conclusion of the study is the need to activate the systems related to flexible work in the job by the administrative authorities and encourage employees to do this type of work by training and qualifying employees, and showing the benefits of this system and its impact on management and employees.
Contractual Ownership provisions in the Jordanian Law on Securing Rights in Movable Assets
Within the provisions of the Law on Securing Rights in Movable Assets, the Jordanian legislator has addressed the issue of contractual ownership of collateral as the most prominent legislative amendment according to this law. The law approved the validity of collateral ownership upon the maturity of the secured obligation, contrary to the general legal principles, which establish the nullity of any agreement granting ownership of pledged assets, and thus making a qualitative amendment in the light of real securities. This study examines the concept of contractual ownership by analyzing its definition, legality, and legal nature in the Jordanian civil law and the law of security rights in movable assets. It also explores the legal framework governing ownership agreements concerning collateral, detailing their conditions, safeguards, and the legal procedures for acquiring the collateral. The study concludes with several findings, the most significant of which is that the Jordanian legislator approved legal provisions concerning ownership, which represented a qualitative step forward, as it permitted agreements between the grantor and the secured party regarding the transfer of collateral ownership after the due obligation. However, the legal guarantees provided are limited and do not adequately address the associated risks or ensure sufficient protection. Also, it is clear that there is a legislative absence, as the legislator did not outline the mechanism followed in offering ownership, which would increase the chances of exploitation by the guaranteed party, causing harm to the guarantor and violating contractual justice. The study recommends amending the law to establish a clear legal framework for contractual ownership agreements and bridging legislative gaps related to ownership procedures by incorporating explicit legal provisions outlining the mechanism for enforcing such agreements to ensure balance and protect rights.
The Possibility of Considering Emojis as a Legal Means of Expressing Will in Electronic Contracts
This legal research addresses the topic of contracting using emojis; emojis are considered a tool for communication and may be used to express the Will to accept or reject. However, the frequent use of these symbols may lead to several legal issues, as emojis can be interpreted in multiple ways or understood differently, which may result in ambiguity in contract interpretation. This research discusses the idea of using emojis in electronic contracts and the extent to which these symbols can be considered a legal means of expressing intent in Jordanian legislation. The researcher used the descriptive method to explain the concept of emojis and their areas of use, in addition to the analytical method when reviewing and analyzing legal texts, as well as the comparative method to present and discuss judicial rulings issued by foreign courts on the subject of the study. At the end of the research, the researcher reached a series of conclusions and recommendations, the most important of which is that emojis can complement legal texts. However, they should not replace them, as ambiguity in interpretation may lead to legal disputes or problems in contract execution. Language remains the most precise and transparent means of defining contractual obligations and intentions.
The effects of mortgaging moral movables for the mortgagor in Jordanian law: a comparative study
This study deals with the issue of the effects of mortgaging moral rights for the mortgagor in Jordanian law. Perhaps the study of this topic is characterized by special importance because moral rights have a special legal nature, as they involve two parts, a moral part and another financial part, which makes mortgaging them in light of the presence of these two parts of a special nature and increases. The importance of this topic in light of the issuance of the Law on Guaranteeing Rights with Movable Property No. (20) of 2018, as it became one of the. It is necessary to determine the nature of this mortgage, whether it is an insurance mortgage, a possessory mortgage, or a mortgage devoid of possession (subject to publicity). The importance of the research lies in that it clarifies the effects of mortgaging moral movables for the mortgagor. Does the mortgagor have the right to dispose of the mortgaged money, and does he still have the authority to use and exploit it? In this research, we conclude with a set of results and recommendations, the most prominent of which is that the laws under study approve that the content has the right to track the mortgaged moral rights in whatever hand they are if they leave the hands of their owner, provided that their right to confront others is effective. The person to whom the moral rights are transferred does not have the right to invoke the rule of possession by the movable title deed. We hope that the Jordanian and Egyptian legislators will arrange a penalty for breach of the obligation to maintain the guarantee, as the civil penalty may be different. It is often sufficient, especially if the guarantor is in bad faith and deliberately destroys the guarantee and detracts from its value.
The Muslim Brotherhood and the Jordanian Political System: A Study in the History of Political Relations and Interactions
This study examines the evolution of the relationship between the Muslim Brotherhood and the Jordanian political system over the course of eight decades, from the group's founding in 1945 to 2025. It aims to analyse this relationship within the context of both regional and local political and social transformations, offering an interpretation of the nature of interactions between the two actors—whether during periods of alliance, tension, or rupture. The study employs a historical methodology to trace developments across successive periods while also utilising the Political Opportunity Structure framework to analyse how the Brotherhood advanced or declined in accordance with the degree of political openness, the stability of elite alliances, and the availability of external support. The study is divided into three main phases: the Alliance Phase (1945–1988), characterised by strategic cooperation and convergence between the Brotherhood and the regime; the Tension Phase (1988–2015), marked by growing discord due to internal political shifts and regional upheavals; and the Rupture Phase (2015–2025), culminating in the outlawing of the group and the criminalisation of affiliation with it amid heightened security and political tensions. Findings reveal that the relationship between the Brotherhood and the Jordanian regime has been a complex and dynamic one, influenced by internal factors such as government policy and electoral processes and by external elements including regional transformations and global conflicts. While the Brotherhood has at times demonstrated a high degree of adaptability, it has also experienced sharp declines due to restrictive state policies, internal fragmentation, and shifting regional dynamics. The study emphasises that a nuanced understanding of the Brotherhood–regime relationship requires an analytical approach that integrates historical analysis with the explanatory lens of political opportunity theory while also considering the legal, social, and security dimensions that have shaped the trajectory of this relationship. This study holds particular significance for researchers and policymakers seeking to understand the evolving political landscape in Jordan and the region, as well as to anticipate the future of Islamic movements in light of both domestic and international developments.
Violation of neighborhood obligations under the enforced legislation in the West Bank
Objectives of the study: Raising the issue of the neighbourhood has special importance in the West Bank within the framework of objective and source legislation, some of which date back to the era of Ottoman rule and British Mandate; the direct reason for choosing the topic and treating it in order to solve the primary forms of extension. To what extent is there a window of systemic effectiveness in addressing the issue and clarifying the standards adopted under these legislations in determining the neighbour responsible for damages, as well as the standards for determining damages that constitute legal liability? Methods: The study relies on descriptive and analytical approaches. Results: The study concludes, through analysing the legal texts, that the laws dealt with the issue in general but did not keep pace with developments related to it. This means that the legislation regulating the issue of neighbourhood needs to be developed to include what is new in the subject, especially what relates to identifying responsible neighbours for liability arising from damages. The scientific value: After addressing the research problem and answering its questions, it will serve as a starting point for researchers and stakeholders, especially Palestinian legislative decision-makers, in addressing the shortcomings surrounding the applicable legislation. The study offers recommendations for legislators to clarify in clear text that they bear responsibility for the damage.
The necessary procedures for implementing the pre-prepared reorganization plan in the Jordanian insolvency law
During the preliminary stage، the legislator establishes a process that debtors can follow to avoid insolvency before it occurs، which involves reorganisation according to a pre-prepared plan. Accordingly، if the debtor is almost insolvent during a specific period، the legislator allows them to submit a plan proposal، in which they demonstrate a mechanism for reorganising their business and thus surpass insolvency. The plan must be accepted by a certain number of creditors or a specified percentage of them and approved by the court. The pre-prepared reorganisation plan، whose provisions are regulated by the legislator during the preliminary stage، is considered a mechanism used by a debtor to rescue his economic activity from insolvency، where he gains more benefits and maintain his income resource، the employees maintain their jobs and income resource، and the creditors ensure returning the highest ratio of their debts and the national income also gains high benefits from that. In this study، the researcher demonstrates the reality of the pre-prepared reorganisation plan and its relationship with the preliminary stage and the usual reorganisation plan، as well as the role of each party in this plan، based on three requirements. The first requirement addressed the position of the pre-prepared reorganisation plan in relation to the preliminary stage. The second requirement addressed the overlap between the pre-prepared reorganisation plan and the usual reorganisation. In contrast، the third requirement addressed the situations in which the pre-prepared reorganisation plan is applied. The study concludes with several key findings، including the importance of insolvency law in protecting the rights and interests of debtors that have been overlooked by the cancelled insolvency provisions، as well as in preserving the rights of creditors and the national economy. The study recommends paying more attention to qualifying the insolvency agent due to his prominent role in the pre-prepared reorganisation plan. The study also presents additional results and recommendations، which will be discussed in this section.
Legal Foundations for Interpreting Criminal Texts: A Study of Jordanian Criminal Legislation
Interpretation plays a crucial and influential role in formulating criminal law. This role is almost as important as the role of legislation itself. Interpretation of criminal texts is achieved by moving from the apparent meaning to the implicit meaning. This means arriving at an understanding of the meanings of the texts and applying them correctly. This is achieved through the judge's interpretation of reality, the law, and the rules of justice. This study aims to demonstrate the legal controls that must be considered when interpreting a criminal text, thereby arriving at the correct legal description and incorporating it into the ruling. This was achieved by shedding light on the subject of the limits of the criminal judge's authority in interpreting texts that are shrouded in ambiguity and obscurity within legislative formulations. The study of this topic requires following the descriptive applied approach specific to the topic of criminal interpretation in the Jordanian Code of Criminal Procedure No. (23) of 1961 and its amendments to answer the study's problem and questions. In conclusion, the study reaches several conclusions, the most important of which is that the scope of interpretation is limited to speculative texts whose wording is open to interpretation due to the presence of clear evidence that diverts the apparent meaning to a non-apparent one. The study also recommended adding the phrase "speculative texts" to the text of Articles 274 and 280/2 of the Penal Code, following the phrase "error in interpretation," to exclude definitive texts from interpretation.
Board members' liability for the company's asset deficit during liquidation
The study addresses the conditions set by comparative legislation for implementing the texts related to the responsibility of the board of directors when a deficit appears in assets in the cases of liquidation and bankruptcy, expressing its opinion on the position of each of them on the related issues, and on the difference that existed between them in this regard, undertaking the task of scientific research to reach treatments and proposals that contribute to finding solutions to such problems, and identifying the shortcomings in the position of comparative legislation regarding the responsibility of members of the board of directors when a deficit appears in the assets of the company under liquidation or bankruptcy. The legislator has intervened with mandatory provisions to protect all shareholders, third parties, and the state economy from the consequences of poor company management, given that legislation generally stipulates the liability of board members for administrative errors. However, given that management errors become more apparent when a company defaults, is placed under liquidation or enters bankruptcy (insolvency, according to some legislation), the legislature has specifically provided provisions for the disclosure of management errors at this stage or at another time. This study examines their adequacy in deterring those who might deviate from the path of good governance, thereby curbing corruption and ensuring the necessary protection for shareholders, third parties, and the state's economy.
The civil liability of the vaccine manufacturer
This Study aims to Clarify the declaration of the legal nature of the civil liability of vaccine producers in Jordan because of the special legal protection that vaccine needs, especially after the thread of COVID-19, which made the government force the people to take the vaccine, the liability arising from the product based on contractual liability or tort liability. Does research recommend that the Jordanian legislator intervene to formulate legal legislation regulating the legal responsibility of vaccine Producers?
The Effectiveness of the Military Establishment and Security in Sustaining Internal Stability in Jordan: Analytical Study (2012-2024)
This study aims to determine the effectiveness of the military establishment and security services in sustaining internal stability in Jordan during the (2012-2024). The last decade was packed with events and successive crises that cast their shadows on internal stability in Jordan and acted as stumbling blocks, and posed threats to national security, foremost of which: popular movement "Hirak", terrorism and extremism, cross-border drug and arms smuggling activities, and other issues of importance. Therefore, it was scientifically correct to shed light on these issues in order to identify their features and characteristics, derive their substance, and address them. In contrast, the military and security establishment dealt with these threats and challenges, which resulted in the sustainability of internal security. Accordingly, the analysis of this effectiveness has been set forth as the main focus of the study, relying on quantitative date from several sources: official date, surveys of study and research centers, and based on quantitative date from personal interviews conducted with a sample consisting of leaders, political figures and senior officials of the military establishment and security services. In addition to surveying and reviewing many studies and scientific literature, according to a scientific methodology based on integrated employment of practical approaches, especially structural-functional and institutional, and examining the pillars of the study through multiple theoretical trends to interpret and understand the date, mainly through the structural-functional theory. Key Findings of the Study: The effectiveness of the military establishment and security services has been highly proven in sustaining internal stability, reinforcing national security, and actively contributing to comprehensive development.
Legal regulation of the plea of inadmissibility of the lawsuit due to prior agreement on mediation in Moroccan and Jordanian legislation
This study attempts to clarify the legal organization of the plea of inadmissibility of the lawsuit due to prior agreement on mediation, because if the matter was straightforward when the opponents agreed to mediation after filing the lawsuit before the state judiciary, where the entire lawsuit file is referred to the mediation judges or to the private mediator, which results in the suspension of the lawsuit, but this issue is not that clear, if the parties agreed to mediation before filing the lawsuit in the same dispute before the state judiciary, does the defendant have the right in this case to plead inadmissibility of the lawsuit due to prior agreement on mediation before entering into the subject of the lawsuit, and does the lack of legal organization of the plea of inadmissibility of the lawsuit due to prior agreement on mediation keep the dispute under the authority of the state judiciary or does the judiciary refrain from considering the lawsuit at the request of the defendant as an effect of the binding force of the mediation agreement. The study concludes that the lack of legal organization of the contractual mediation was likely not to clarify the legal effect resulting from it if one of the parties to the dispute took the initiative to file the lawsuit before referring it to mediation, which necessitates the legal organization of the contractual mediation and clarifying the legal effect resulting from it preventing consideration The lawsuit.
The Fairness of Compensation for Expropriations for Road Construction in Jordanian Law: A Comparative Study
Constitutions in comparative countries have recognised the right of administrative authorities to expropriate real estate for public benefit, provided that fair compensation is offered in return. Legislation issued based on these constitutions emphasised the owner's right to fair compensation, but they differed in defining the concept of fair compensation. Some stipulated that compensation must be complete for all expropriated real estate. In contrast, others adopted the concept of a free quarter in expropriations related to roads, as seen in Jordanian law. This study came to demonstrate the justice of deducting the free quarter without expropriation. The study concludes that deducting the free quarter in expropriations for road purposes violates the principle of justice between the persons whose real estate is expropriated because expropriation may sometimes lead to a decrease in the value of real estate rather than an increase.
The position of jurisprudence and the judiciary on the concept of competitive relationship in the case of unfair competition: An analytical study in French and Jordanian law
The jurisprudence and judiciary, in general, have long established that a direct competitive relationship between the parties is a necessary condition for filing an unfair competition lawsuit. Many legislations, including Jordanian law, have stipulated the necessity of a competitive relationship between the parties to the lawsuit for this lawsuit to be filed. Conversely, insisting on the necessity of a direct competitive relationship may harm the competing economic project and prevent it from claiming the damage it suffered due to the unfair competitive act that harmed it. From this perspective, we find that French jurisprudence and judiciary have shown development in this regard and a degree of flexibility in assessing the existence of such a relationship, which may arise even though the concerned parties may not be at the same level in economic activity; this helps in identifying behaviours that may be harmful to the market or practices that may undermine trust in the commercial system. This study aims to examine the development witnessed by French jurisprudence and judiciary from abandoning the traditional position of considering a direct competitive relationship between the parties as a condition for filing an unfair competition lawsuit to adopting the idea of protecting the market in general, which is considered from this perspective the ultimate goal of the unfair competition lawsuit, leading inevitably to the abandonment of the idea of the necessity of a direct competitive relationship to file this lawsuit. This study concludes with a set of findings and recommendations, the most prominent of which is the necessity for the Jordanian legislator to reconsider the requirement of a direct competitive relationship for the possibility of filing an unfair competition lawsuit. Due to specific practices and behaviours that violate the rules of commercial integrity, it explicitly states that the aggrieved party may file an unfair competition lawsuit even if there is no direct competitive relationship between the disputing parties, without the need to prove the existence of an actual competitive relationship between them.
The Role of the Administrative Judge in Establishing Judicial Certainty: A Substantial, Analytical, and Comparative Study
The administrative judge cannot adjudicate the administrative proceedings by a fair judgement unless he has reached a judicial certainty to which he is first satisfied and to which everyone is satisfied, secondly, through evidence and the procedure followed in drawing them. The relationship between the certainty of the administrative judge and the truth is complementary. The truth is the judge's stray and can only be reached in the realization of mental and mental abilities and a painstaking effort through which he seeks to clarify the ambiguity surrounding them. The study was divided into two sections: the first dealt with judicial certainty, and the second dealt with guarantees of judicial certainty in the administrative judge's jurisprudence. The study aimed to demonstrate the role of Jordan's administrative judge in establishing judicial certainty compared to that of the administrative judge in Germany and Egypt in this area. The study concluded that the judicial certainty of the administrative judge was a rational certainty resulting from rigorous and objective intellectual processes in the extraction of the evidence, which is of a mixed nature and blends personal and objective criteria. The group's conviction is a basis for accepting the judge's conviction. The study and the importance of the idea recommended that it be enshrined in explicit texts at the heart of the constitutional documents in Germany, Egypt and Jordan.
The Legal Connection Between Actual Damage and the Value of the Contractual indemnity: A Comparative Study Between the Jordanian and Egyptian Civil Laws
Since Contractual indemnity is based on the assumption of the existence of damage, and the amount of the Contractual indemnity is proportional to the amount of actual damage, in order for the Contractual indemnity to be owed, the creditor only needs to prove the existence of the contractual error. However, this should not be absolute, as the assumption of damage and equating its amount with the Contractual indemnity is merely a simple legal presumption that can be disproved. If disproved, sound legal reasoning necessitates granting the court the authority to modify the value of the Contractual indemnity, either by decreasing, increasing, or exempting it. Accordingly, this research aims to determine the legal effect of actual damage on the value of Contractual indemnity under the Jordanian and Egyptian Civil Laws. Among the most critical conclusions reached is that under Jordanian Civil Law, the court has absolute authority, upon the request of one of the parties, to modify the value of the Contractual indemnity by decreasing or increasing it, making it consistent with the actual damage suffered by the creditor. This is unlike Egyptian civil law, which permits the court to decrease or increase the value of the Contractual indemnity only in specific cases. While it does not restrict this authority to a request from the debtor in the event of a reduction, it restricts it to a request from the creditor in the event of an increase. Additionally, we found that the Jordanian legislator differs from the Egyptian legislator regarding the exemption of the debtor from Contractual indemnity. In contrast, the Egyptian legislator granted the court the authority to exempt from the value of Contractual indemnity when it is proven that actual damage does not exist; the Jordanian legislator did not stipulate such jurisdiction for the court, which led to the Jordanian jurisprudence, judiciary to limit the court's authority to modify the Contractual indemnity only by decreasing or increasing without exemption. Despite the clear text from the Jordanian legislator restricting the court's authority to alter the value of the Contractual indemnity only by reducing or increasing, the Court of Cassation, in a recent ruling, decided that the creditor is not entitled to the Contractual indemnity if it is proven that actual damage does not exist.
Increase the Value of the Contractual Indemnification
Reduction of the value of the Contractual Indemnification
Exemption from the Value of the Contractual Indemnification
Regional and International Conflicts in The South China Sea Region an Analytical Study of Causes and Solutions
The study aims to identify the motives of regional conflicts, the US-China conflict, and the regional and international actors that contribute to reducing tensions and ending the conflict in the South China Sea. The study employs an analytical approach, yielding results that confirm the disputed status of regional conflicts in the sea is rooted in both the colonial history of the region and the legal system governing the use of the disputed islands. The disputed territorial claims in the South China Sea remain a dangerous source of potential conflict between China and America in the absence of preventive measures to prevent a military or political crisis. The study recommends conducting in-depth research on the future of regional conflicts in the South China Sea, given their direct impact on Arab countries, particularly in light of the trade exchange between these countries and China.
Compensation for damage in civil liability for stem cell banks in Jordanian legislation
The study aims to identify the nature of compensation for damage in the field of civil liability for stem cell banks, both contractual liability and liability for harmful action, according to Jordanian legislation in terms of the nature of the commitment to civil liability for stem cell banks, what type of compensation for liability, and what damages are covered by the compensation. What is the nature of the insurance contract for the preservation of stem cells, represented by the general rules in the Jordanian Civil Law, the texts of Stem Cell Regulation No. (10) of the year (2014) and its instructions, and the instructions for insurance of stored stem cells of the year (2014) and its amendments, as the nature of the obligation in the field of civil liability for banks is an obligation to achieve the result of ensuring the safety of stored stem cells from damage. The compensation resulting from the bank’s civil liability is monetary compensation, which is completely estimated by the judge (court). The National Cell Committee, which oversees the stem cell, determines the amount of damage, and its decision is final and not subject to appeal. In addition, the National Stem Cell Committee is the body authorised to determine the amount of compensation after the judge has estimated it. It is also not permissible to agree to exempt the bank from its responsibility, whether a public or private bank. Especially since every agreement between the parties must be approved by the National Stem Cell Committee, the Insurance Authority, the Federation of Insurance Companies in Jordan, or both, we seek to include explicit texts that support the issue of stem cell banks, such as a text that specifies the cases in which a stem cell bank is exempted from the compensation amount.
The Extent of International Protection of Human Rights Impact on Member States Rights Fixed in the United Nations Charter
The article examines the relationship between state sovereignty and the United Nations (UN) role in protecting human rights. Although international treaties established human rights, the UN Charter provided a guarantee of the rights of its members. Thus, interference in state sovereignty should occur only to fulfil protection mandated by the Charter. However, a contradiction arises in practice: there is no alignment between the legal protection of member states' rights and interventions aimed at meeting social necessities. The UN invokes the threat to international peace and security to justify intervention, often relying on non-Charter rules that diverge from the rights and protections guaranteed by the Charter. This approach undermines the UN's functional scope and lacks procedural compliance, shifting its interventions from a legal to a political nature. A descriptive-analytical approach reveals that the UN's reliance on achieving objectives and addressing threats to peace as the basis for intervention creates a disconnect between member states' Charter-based obligations and the non-charter provisions aimed at protecting international human rights. The UN's reliance on practical intervention is inconsistent with Charter procedural norms. The article calls for international legislators to establish the right to intervene in human rights matters explicitly. This would resolve the existing contradiction between the right of intervention and the rights of member states, integrating non-Charter rules with existing Charter provisions. Such a framework would ensure that international obligations for human rights and the Charter's restrictive provisions are considered an indivisible whole, thereby enhancing the legitimacy of UN interventions.
Civil Liability of the Physician Arising from Medical Errors in the Jordanian Law
This study aims to explore the civil responsibility of physicians in the event of medical negligence within Jordanian law, with regard to the definition and categorisation of medical negligence, as well as the responsibilities that physicians have to fulfil. The research employs a descriptive-analytical approach, recognising that establishing the civil liability of a physician requires demonstrating causation between medical negligence and the harm the patient suffers. This proof is grounded on negligence, negligence or omission from recognised medical practices. The study also highlights the fact that the physician is not solely responsible for the tort, but rather the rest of the medical team, including nurses, anesthesiologists, and other subordinates, all of whom, if involved, may commit an error for which they may be held accountable. The paper emphasises the problems of patient evidence demonstrating medical negligence, issues related to obtaining medical records, and the use of expert witnesses. The study, therefore, recommends that comprehensive laws and regulations, as well as mandatory insurance policies, be enacted to cover patients affected by medical errors. These regulations would be part of a comprehensive package of legal initiatives that would enhance the Medical Accountability Law, strengthen patient protection, and provide clearer rules for medical accountability. They are needed to clarify the current legal situation, introduce new changes to enhance the level of protection and restore fairness between patients and doctors in the Jordanian healthcare context.
The applicable law in arbitrating disputes arising from investment partnership contracts between the public and private sectors
This research paper examines the applicable law in arbitrating disputes arising from public-private partnership contracts. To achieve research objectives, the descriptive-analytical approach is utilised because it is the most appropriate method for studying this type of contract, as it follows scientific problems through description and analysis in a systematic manner. Hopefully, this research paper will constitute a scientific contribution and address a key theoretical and practical issue by outlining the procedural legislation that governs the rules of arbitration in disputes arising from partnership contracts between the public and private sectors. The research problem is reflected in the difficulty of determining the applicable law in arbitration, especially if the parties to arbitration remain silent on agreeing on the applicable law to the dispute. The results indicate that the Jordanian legislator must address the provisions related to arbitration in a detailed and independent manner in the Arbitration Law, specifically regarding administrative investment contracts resulting from partnerships between the public and private sectors and establish controls that regulate the resort to arbitration in this type of contract. Given the results, the study recommends granting the administrative judiciary general jurisdiction to consider all administrative disputes, including those related to administrative contracts, and enabling it to exercise control over the arbitration process in international investment partnership contracts.
The Impact of Implementing Jordanian Competition law on Stimulating Foreign Investment: An Analytical Study
This article examines the significance of competition laws and their impact on promoting foreign investment in countries that have adopted competition laws and policies, particularly in Jordan. This article aims to demonstrate the importance of applying competition law by highlighting its objectives, policies, and role in opening commercial opportunities, as well as how it reduces barriers to entering markets for both local and foreign investors. It also discussed the importance of competitive markets and their role in research and development, which helps in achieving competitive prices, resulting in higher consumer welfare. This study aims to assess the importance of enforcing competition law effectively and its impact on promoting foreign investment. To achieve this, the article employs descriptive, analytical, and comparative methodologies. The article reviews and analyses Jordanian, regional and international related competition legal provisions. It also consulted relevant case law if it existed. Settled and established theories and scholarly work have been consulted in order to achieve the objective of this article. The article reveals several key findings; the most important were that the actual application of competition law in Jordan is weak and that the effort and means to enhance the application of competition law are insufficient. Furthermore, the latest amendment of the Jordanian Competition Law in 2023 did not tackle any issue that may improve the enforcement of competition law. Also, the governing bodies did not campaign to raise awareness about the importance of complying with competition law. To address the issues in the Jordanian competition regime, this article recommends establishing an independent competition authority in accordance with internationally recognised standards. The article also suggested the establishment of an Arab Competition Authority under the umbrella of the Arab League. In addition, international and regional cooperation is vital for achieving the most effective enforcement due to the scale of the most serious competition law infringements.
The Position of the Emirati Legislator on Cases of Reducing Criminal Liability as a Result of Psychological Disorders During Pregnancy and Postpartum: a Comparative Analytical Study
This research delves deeply into the stance of both Emirati and French legislators regarding the mitigation of criminal responsibility resulting from psychological disorders that may affect women during pregnancy and postpartum. It provides a comprehensive analysis of comparative legal texts, focusing specifically on Articles 62 and 63 of the UAE Federal Law No. 31 of 2021, which grant judges significant flexibility in assessing the extent to which psychological disorders influence criminal responsibility. This allows them to reduce the sentence or even exempt the individual if the psychological impact is proven to be substantial. In contrast, the French Penal Code of 1994, particularly Article 122-1, requires detailed and precise medical reports to demonstrate the impact of psychological disorders on the mother’s criminal behaviour. The comparative analysis reveals that both legal systems recognise the importance of protecting the rights of postpartum mothers and offer a legal framework that seeks to achieve justice and safeguard vulnerable groups. However, French law adds dimension by emphasising the necessity of presenting scientific medical evidence to support the claim, reflecting cultural and legal differences between the two systems. Despite these differences, they share a fundamental objective of achieving justice and protecting vulnerable groups. The study recommends strengthening Emirati legal provisions through specialised training programs for judges on the importance of medical and psychological evidence, as well as developing practical mechanisms for presenting this evidence in courts. It also calls for promoting international cooperation to exchange expertise and knowledge regarding best practices, ensuring the effective and comprehensive protection of mothers’ rights and the achievement of criminal justice.
Legal provisions for Inquiring about Tenants in American Law: A Study for Legislating it in the Jordanian Law
This study aims to describe the legal provisions and general rules of the idea of enquiring about the tenant in the pre-contract stage per the US legal system and practical and legal problems that may arise from a query, and also the statement of the position of jurisprudence and the American judiciary for some unfair practices of this legal idea. The query is an updated legal system. The research aims to highlight this legal system and what it is. This search answers the query about its controls, arbitrariness, and legal adaptation; this study proposes the enactment of Jordanian law legislation in which the American legislator approaches this regulation and demonstrates the practical application of the inquiry to practical reality.