رقابة محكمة العدل العليا الأردنية على سلطة الإدارةفي التقدير

Abstract

This study examines the legal control by Jordanian High Court of Justice over the administration's authority in performing its discretional power, which is considered important and dangerous unless restricted by legitimacy and law. The study aims to explain the nature and extent of that authority, and clarify the judicial control over the administration when practicing its discretional power. The subject matter of the study will be discussed through three sections: the first section identifies the meaning and extent of discretional power, the second section examines the restrictions imposed on discretional power of the administration by looking at restrictions on all internal and external elements of legitimacy of the decision, the third section examines the control of the High Court of Justice through studying the legitimacy control and appropriateness control. The study concludes with some recommendations that we consider of value in the field of control over the discretional power of the administration