International Journal of Humanities and Social Science

ISSN 2220-8488 (Print), 2221-0989 (Online) 10.30845/ijhss

Responsibility of Public Administration without Fault in the Jordanian Legislation
Dr. Jehad Dhifallah Al-Jazi, Dr. Mohammad Abdelmuhsen Ben Tareef, Dr. Jawaher Ahmad Almarie

The French administrative judiciary invented without fault administrative responsibility theory and the basis of its provisions in addition to laying its rules in order to achieve justice for those affected by the legitimate actions issued by the public administration. This study deals with this theory, especially in the Jordanian legal system, and the extent to which the Jordanian judiciary applies this theory in a way that would compensate the victim fairly. In this study, we discussed the concept of this theory in the Jordanian legislation, its authorities and the judiciary specialized in considering it. As well as illustrating the legal texts that deal with it because the judiciary in Jordan is still reluctant in applying this theory save for the cases where there are legislative texts that require the compensation of the victim for these legitimate administrative behaviors. Finally, illustrating the legislative and judicial applications of this theory in an analytical and objective manner based on the legislations and jurisprudences found in Jordan.

Full Text: PDF