The Role of Administrative Judiciary in Jordan in Protecting the Freedom to Establish Political Parties

Abstract

The Hashemite Kingdom of Jordan has witnessed a legislative renaissance to promote awareness of the importance of multiple political parties. The 2022 constitutional amendments mandate the Independent Election Commission to consider applications for establishing political parties and monitor their affairs per the Political Parties Law No. (7) of 2022. This law also extended the jurisdiction of the administrative judiciary, namely the Administrative Court and the Supreme Administrative Court, to consider parties' appeals and the suspension and dissolution of their activities. The research's significance lies in that these parties may encounter disputes throughout their establishment and operation, especially during interactions with the regulatory authorities monitoring them from establishment until dissolution. Accordingly, this requires judicial protection to limit unlawful decisions. The research employs a legal approach combining descriptive and analytical methods to elucidate the nature of disputes associated with forming political parties, the scope of judicial control over them, and the special conditions for considering the case. The research concluded that assigning jurisdiction to all political party appeals to the administrative judiciary is essential, which possesses the expertise to interpret the spirit of public law governing this matter. It is important to draw attention to the fact that this research is the first academic study to highlight the administrative judiciary's protection of the freedom to establish political parties in the Kingdom.