Judicial oversight on the administrative contracts in the Jordanian legislation and the comparison: the modern qualitative jurisdiction of the administrative judiciary

Abstract

The research addresses with the issue of the judicial oversight on the administrative contracts, where the research highlighted the fact that the ordinary judiciary in Jordan is the competent to deal with disputes related to administrative contracts, this was confirmed by the Jordanian Administrative Judiciary Law, and the jurisprudence of the Administrative Judiciary in many of its provisions, in which the ordinary courts, are the competent courts with the general jurisdiction to look after all judicial disputes related to administrative contracts, so that the research dilemma lies in that administrative contract disputes must be within the specific jurisdictions of the administrative judiciary, as is the case in some comparative legislative and judicial systems in (Egypt, France and Morocco), where the administrative judiciary is competent to consider disputes related to administrative contracts, while the research concluded a number of findings and recommendations, the most important of which is the need to amend Article (5) of the Jordanian Administrative Judiciary Law No. (27) for the year (2014),by including administrative contract disputes within the scope of jurisdiction of the administrative judiciary, and amending the aforementioned law by adding articles dealing with all types of administrative contracts, and the need for the administrative judiciary in Jordan to retreat from its jurisprudence, which states that the jurisdiction of the administrative judiciary has been mentioned exclusively, as these jurisdictions do not include disputes related to contracts of all kinds, including administrative contracts.