Urgent Judicial Orders in the Civil and Administrative Law/ Comparative Study

Year: 
2017
Discussion Committee: 
Dr. Mohammad Sharaka/suprevisor
Bahaa al-Ahmad/co-suprvisor
Dr. Ahmad Dabak/external examiner
Dr. Na'el Taha/internal examiner
Supervisors: 
Dr. Mohammad Sharaka/suprevisor
Bahaa al-Ahmad/co-suprvisor
Authors: 
Tamara Ahmad Abu Turabi
Abstract: 
This study dealt with a very important subject in view of the issues that the judiciary and the judge are concerned with. The review of the general provisions of the urgent judiciary, as stated in Chapter I, explains the concept of accelerated judiciary and clarification of the legal organization of the urgent judiciary. During the study, it was found that the element of urgency is available when there is an imminent danger or damage that is difficult to avoid. This study also dealt with the degree of privacy enjoyed by urgent requests in the urgent administrative judiciary. The court concerned with the urgent request has been clarified in terms of place, type and function, through which disputes have been discussed that fall outside the competence of administrative courts. The study of the procedures followed for the expedited application of the second case was discussed in detail in the mechanism of its lifting and the provisions of the Executive Force's rulings. In the third chapter of this study, the role of administrative courts in the protection of public freedoms and the extent of the administrative judge's authority in examining requests for public freedoms and talking about some forms of assault were clarified and clarified. And to address some of the difficulties facing accelerated justice, which may sometimes affect the desired purpose of its existence. The study revealed that the accelerated judiciary is a wide-ranging and guaranteed judicial system that provides for the urgent protection of the rights and liberties of individuals without prejudice to the origin of the right. It is regulated by fundamental rules that must be adhered to, because the exercise of this right is not absolute. Are decisions of provisional authority. This study concluded that some amendments should be made to the rules governing the urgent judiciary and to fill the gaps or deficiencies that some of the procedures related to the consideration of urgent requests need to be texts of their own.
Pages Count: 
156
Status: 
Published