Dirasat: Sh ari’a and Law Sciences

From 2005 to 2019

ISSN 1026-3748

The Legal Basis for the Administrative Responsibility without a Mistake “A Comparative Study”

Abstract | الملخص

The problem of this article is based on the noticed recent development of the Administration responsibility specially the responsibility without mistake, so the Injured person can claim for compensation for any action conducted by the Administration regardless if there is any mistake in that action or not. The old principles was settled that the state is not responsible of her actions at all because of the authority and the state, but nowadays this ideas had been changed because of the change of state role in person’s life, as well as the scientific and technology development in all aspects. And because that the state now are taking actions effect the person’s life without although these actions are full legally and rightful. The theory of wrong are not able to cover all of the state action aspects the theory of state responsibility without wrong will do so, therefore it is necessary to find the legal roots and bases of this theory which is justice and equality in front of public obligations, therefore the principle now is the state responsibility and the exemption is not. The Jordanian legal system set the compensation based on the wrong action conducted by the persons or based on the law. I did conduct this article to find the legal based of the state responsibility without mistake and find the literature and jurisdiction opinion regarding it, hope that our system will adopt the French experience especially after we adopt a new law for judicial independence which make the judicial process in Administrative law on two steps.

Authors | المؤلفون

Raed (Moh`D Adel) Bayan

Keywords | الكلمات الدالة

Administrative Law, Administrative Jurisdiction, Compensation, Risk Theory.

References | المراجع