International Journal of Legal and Comparative Jurisprudence Studies

Volume 2 - Issue 1 (6) | PP: 66 - 73 Language : العربية
DOI : https://doi.org/10.31559/LCJS2021.2.1.6
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The position of the judiciary on the corner of jurisdiction in the administrative decision

Fahid Salameh Dheif Allah Alqudah
Received Date Revised Date Accepted Date Publication Date
8/10/2020 5/11/2020 23/12/2020 10/5/2021
Abstract
The jurisdiction corner in the administrative decision is defined as the legal ability to carry out a specific administrative work. The administrative decision must be issued by the authority that the law has authorized the jurisdiction to do so, and the administrative jurisprudence defined the defect of lack of jurisdiction as the inability to undertake a specific legal act that the legislator has rendered it the jurisdiction of an authority or body. The legislator allocates competence to the administrative bodies, taking into account the functional levels. (1) Historically, the jurisdiction corner is considered one of the most important administrative decisions, in this sense corresponds to the idea of ​​eligibility in private law. On the basis that all the two capabilities follow one origin, and the administrative decision issued by someone who does not have the right to issue it and does not have the legal capacity to do so, will be null. (2) The judiciary and administrative jurisprudence have established that who owns a specific legal act is the one who has the power to set aside this act. The jurisdiction to grant a specific license implies jurisdiction to withdraw this license, but this rule is not absolute. That the administrative judge must address the defect of lack of jurisdiction at all times at any stage of the litigation, even if it is not raised by one of the litigants, this is one of the reasons for canceling the administrative decision, as the jurisdiction pillar is linked to the public order.


How To Cite This Article
Alqudah , F. S. D. A. (2021). The position of the judiciary on the corner of jurisdiction in the administrative decision . International Journal of Legal and Comparative Jurisprudence Studies, 2 (1), 66-73, https://doi.org/10.31559/LCJS2021.2.1.6

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