The Role of Administrative Law in Safeguarding the Environment: A Jordanian Perspective Administrative Law and Environmental Protection in Jordan

Abstract

Objective: The primary objective of this study is to scrutinize the role of administrative law, particularly the administrative judiciary, in safeguarding the environment within the Jordanian legal framework. The study aims to elucidate the mechanisms through which the administrative judiciary exercises oversight over administrative and regulatory authorities and to delineate the legal foundations underpinning administrative liability for environmental damages. Theoretical Framework: The theoretical underpinning of this study is anchored in the jurisprudential doctrines of administrative law and environmental governance. The study explores the intricate relationship between administrative jurisprudence and ecological stewardship, particularly in Jordan's unique environmental challenges and legal landscape. It posits that the administrative judiciary serves not merely as a procedural instrument but as a substantive agent of ecological governance. Method: The methodology employed is a rigorous legal analysis, incorporating a review of Jordan's statutes, regulations, and judicial decisions relevant to environmental protection. The study also draws upon secondary sources, including scholarly articles and commentaries, to comprehensively understand the subject matter. Result and Conclusion: The study reveals that the administrative judiciary in Jordan plays a pivotal role in environmental protection. It serves a dual function: as a guardian of environmental integrity and an oversight body for administrative regulatory authorities. The study also highlights the adoption of the doctrine of strict liability in the Jordanian legal system, emphasizing its significance in holding the administration accountable for environmental harm. Research Implications: The findings of this study have far-reaching implications for the development of environmental policy and legal frameworks in Jordan. They underscore the need for a more integrated approach harmonizing administrative law principles with environmental governance objectives. This necessitates reevaluating and recalibrating existing legal mechanisms to ensure they align with sustainable development principles and ecological justice. Originality/Value: The study offers a novel contribution to the existing body of literature on environmental law in Jordan by focusing on the often-overlooked role of the administrative judiciary. It provides a nuanced understanding of the complexities involved in environmental governance and offers a theoretical framework that could serve as a foundation for future research in this domain.