Mohammed Ali Al-Shabatat

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Mohammed Ali Al-Shabatat

ASUApplied Science Private University - Home PageFaculty of LawMohammed Ali Al-ShabatatResearch

Research

Research Title :The Right to Privacy in the Digital Age

Authors :الدكتور محمد علي زعل الشباطات الدكتور زياد محمد الوحشات

Abstract :This research examines the issue of digital privacy violations in cyberspace, where personal data, information, and communications face increasing risks due to the rapid advancement of communication technologies and information systems. The first section addresses the concept and significance of digital privacy, outlining the key threats and challenges in the virtual environment. The second section proposes solutions by highlighting the legislative, regulatory, and technical frameworks available under Jordanian law, along with self-protection measures individuals can adopt to safeguard their data. The study concludes that technological progress—despite its benefits—has significantly contributed to the erosion of digital privacy, potentially facilitating surveillance and posing risks to both individuals and national security. This necessitates urgent efforts by states to understand the dynamics of the digital society and raise public awareness, especially in the absence of a comprehensive legal framework to protect privacy across all relevant dimensions.

Keywords : Right, digital rights, right to privacy, digital age

Research Title :The Interpretative Competence in Accordance with the Jordanian Constitutional Court Judiciary

Authors : Mohammed Ali Zaal Al-Shabatat

Abstract : Aim: This study aims to shed light on the interpretative competence of the Constitutional Court in Jordan through the Constitutional Court experience, in an attempt to indicate the nature and scope of interpreting the Jordanian Constitution provisions, and the authorities entitled to request interpretation, with an indication of the role of the Constitutional Court and its effect in interpreting the Constitution provisions through the Constitutional Court’s original competence in interpreting the Constitution provisions and its competence to interpret during the adjudication of a Constitutional action, with a view to develop this experience and overcome obstacles it faces for the sake of its advancement so as to ensure the public interest and preserve the constitutional legality. Research Methodology: The study is based on describing the case by using the descriptive and analytical method, with analysis of the results obtained through analyzing the text of Article 59/2, in light of the Constitutional Court decisions in the interpretation of Constitution provisions. Results: The study concludes that the Jordanian Constitutional Court competence is only focused on the Constitution provisions, meaning that it is confined to the exclusively interpretation of the Constitution provisions, by excluding any provision not mentioned in the Constitution, regardless of its nature and force. The Constitutional Court shall deal with the interpretation of the Constitution provisions, if so requested, by a decision issued by the Council of Ministers or both the House of Representatives or the Parliament. Any of these authorities shall contact the Court and provide it with a notice of these decisions in a letter signed and submitted by the president of the council requesting the interpretation. Despite the absence of an explicit provision of the power and authority of the Constitutional Court decisions in interpreting the Constitution provisions, it is obvious that its decisions to interpret the Constitution provisions enjoy the same authority and power as its rulings in Constitutional appeals; they are final and binding for all authorities and for everyone. Recommendations: The study recommends the Constitutional judge not to oversight the Constitution objectives and general principles in the interpretation that would lead to the Constitutional Court departure from its competence in the Constitutional interpretation and lead it to amend the Constitution provision by a different interpretation for its goals and objectives. The study recommends the Constitutional judge to determine the Constitutional provision purpose in order to know what the Constitutional legislator aims at from the provision to be interpreted, for the sake of achieving the objectives of the provision to be interpreted. Conclusion: The study concludes that the Jordanian Constitutional Court competence is only focused on the Constitution provisions, meaning that it is confined to the exclusively interpretation of the Constitution provisions, by excluding any provision not mentioned in the Constitution, regardless of its nature and force.

Keywords :Constitution, Constitutional Interpretation, Constitutional Court.

Research Title :Condition of Interest in the Constitutional Lawsuit in Accordance with the Jurisdiction of the Jordanian Constitutional Court

Authors :Mohammed Ali Zaal Al-Shabatat

Abstract : This study aimed to highlight one of the most important conditions for the validity of filing a constitutional lawsuit before the constitutional courts, which is the condition of interest. By demonstrating and describing the concept of interest as a condition for accepting a constitutional lawsuit, besides, the right that protects the constitutional lawsuit shall be a right guaranteed by the constitution, and its breaches shall be considered a work of public authorities. As It may take the form of a law issued by Parliament, and it may take the form of a system or administrative decision issued by the executive authority, with the characteristics which shall be fulfilled in the condition of interest in the constitutional lawsuit, as there is a link between the interest in the constitutional lawsuit and the interest in the substantive lawsuit, as well as it shall be a legal, personal and direct interest that prescribed by law. And that the condition of the interest in the lawsuit shall be present throughout its stages, as it is required that it be present at the time of filing it, and to continue standing until the ruling is issued. If the interest was absent before the court issues its ruling for any reason, the constitutional lawsuit will be terminated.

Keywords :

Research Title :Interest Clause in the Constitutional Lawsuit in Accordance to the Constitutional Court in Jordan

Authors : Dr. Mohammed Ali Al-Shabatat Dr. Hisham Hamed Salman Al-Kasasbeh

Abstract :Abstract This study aimed to shed light on one of the most important conditions of interest for lifting the constitutional validity of the case before the constitutional court. Through this statement, the concept of interest as a condition for accepting the constitutional lawsuit, as well as the right protected by the constitutional lawsuit is a right guaranteed by the Constitution. Also, the assault which is basically the work of public authorities may take the form of the Act of Parliament, regulations, or an administrative decision issued by the executive authority. This is together with various characteristics that must be met for the interest clause in the constitutional case. The existence of a link between the interest on the constitutional lawsuit; the interests of the substantive suit; legal, personal and direct interest; the interest of the list established by law; and the interest clause in the lawsuit should be made available throughout the stages of the proceedings. This should be made available when required at the time filed. Also, it should continue to exist based on the verdict. This occurs especially if the interest is still available before the court reaches a verdict for any reason consequent upon expiration of the constitutional case.

Keywords :Constitutional lawsuit, Interest condition, adjective

Research Title :The Curvatures of the Legitimacy Principle in Light of the Discretionary Authority of Administration, the Exceptional Conditions and Works of Sovereignty: An Analytical Study

Authors :Al-Wahashat, Ziad Mohammed, Al-Shabatat, Mohammed Ali Saal

Abstract :This study aimed at shedding light on the curvatures of the legitimacy principle under which the state is subdued to the law, and that is only achieved by subduing rulers and subjects alike to verdicts of the law. This is also done by bounding the public authorities in the state— including the legislative, executive and judicial— and all their actions by law and its provisions, where the legitimacy principle guarantees the real protection of individuals in confronting administration in case their rights and freedoms have been infringed This is due to the administrative obligation to abide by the provisions of the law in order to ensure adequate protection of the rights and freedoms of individuals

Keywords :Discretionary Authority of Administration, Exceptional Circumstances, Sovereignty Acts.

Research Title :ROOTING THE ROLE OF THE JUDGE IN FORMING THE LEGAL BASE A COMPARATIVE STUDY

Authors : Dr. Raqiya Abdeljabar Ali Dr. Mohammed Ali Zaal Al-Shabatat

Abstract :The gap in the law or the silence of the law means the lack of legislation and the absence of a legal ruling dealing with the dispute before the judge. The deficiency in the law is not to include the legal text for the need for detailed or partial provisions. In both cases, the judge is required to complete this deficiency and to remedy it. The legislator aware of his inability to grasp the smallest things and its details and to keep abreast of the ongoing developments in economic and social life, therefore the judge was given an important role in forming the legal rule. In civil law, ithas figured prominently in principles of justice and in the legal texts prohibiting the judge from refraining from realizing the right. Finally, in the adaptation of the law in accordance with the circumstances and these three cases is the subject of our research. We address them in some details. Activating the role of the judge in achieving justice through text in law legislative which commit the judge to refer principles of justice and proposing to solve disputes instead of blind commitment to texts that may achieve justice sought by disputing parties

Keywords :Rooting, judge, legal base.

Research Title :The Position of Women's Political Rights in Arab Constitutions and International Conventions

Authors :Dr. Mohammed Ali Al-Shabatat

Abstract :This study aims to shed light on one of the most important rights of women that have struggled for decades to obtain that right that enables them to participate in politics through candidacy and elections, assuming public positions in the State and joining political parties, but as a result of her constant struggle to obtain that right, which was recognized by many international covenants and treaties, they varied in terms of the guarantee that the constitutions of countries, in general, and those of Arab countries in particular.

Keywords :constitutions, international Conventions, political rights.

Research Title :Constitutional and Legal Development of the Freedom of Public Meetings in Jordan

Authors :Mohammed Ali Al-Shabatat Murad Tayseer Al-Shawawreh

Abstract :Freedom of meetings, like other public freedoms, requires a democratic climate and an advanced cultural and economic level in order to achieve the desired results and prevent the public authorities from attacking them. Based on the awareness of the Jordanian State of the importance of freedom of meetings in achieving democratic rule, and communicating the opinions and demands of citizens to the public authorities in the State. In Jordan’s successive constitutions, it ensured the assertion of this freedom as a Constitutional right guaranteed to Jordanians. It also referred the organization of its exercise to its regular laws. In response to that, the Jordanian legislator issued a number of successive public meeting laws that imposed restrictions on freedom of meetings on the one hand, and clarified the procedures for exercising and organizing them, on the other hand.

Keywords :Constitution, laws, public meetings, freedom, Constitutional developm

Research Title :Political Responsibility of the Ministry in the Jordan political Regime

Authors : Dr. Mohammed Ali Zaal Al-Shabatat Dr. Ziad Mohammed Al-Wahashat

Abstract :This study aimed at shedding light on the political responsibility of the ministry through the applied parliamentary experience in Jordan ,at an attempt to pin-point the political responsibility in front of the parliament supposed on the ministry, because of doing the behavior and daily deeds entrusted , clearing the means of control possessed by the Jordan Council of the Nation in confronting the Executive Authority in addition to specifying the parties that have the right of moving the political responsibility and procedures of moving it , that is for developing this experience and surpassing the handicaps that face in the means of uprising it with what guarantees achieving the public interest.

Keywords :Political Responsibility, Ministry , political Regime

Research Title :The Extent to which Deviation Using the Authority Affects the Administrative Decision

Authors : الشباطات، محمد علي زعل الكساسبة، هشام حامد

Abstract : This study aimed to shed light on the effect of deviation using the authority on the administrative decision. As it becomes clear to us that the principle of legality, or the rule of law, requires the administration to observe legal rules and not deviate from them in its actions, particularly in its administrative decisions. The administration adheres to the provisions of the law in its work to prevent abuse of its authority, and to ensure adequate protection of the freedoms and rights of individuals, but jurisprudence and the judiciary in almost all countries agreed on the executive authority to implement the provisions of the law are not and should not be just a deaf machine that performs the literal implementation of rules previously set by the legislator And do not leave her any freedom to appreciate or act. In the sense that the personal motives that address the administrative decision and merge it with the abuse of power must be a list of those who issued that decision, whether that defect deviation may be ambitious to deviate from the necessities of the public interest or if it is free of the rule of allocating goals. However, if the administration deviates from the path legally established for it, the abolition and compensation constitutes the penalty and the impact of the defect of deviation of power.

Keywords : The Principle of Deviation of Authority, Administrative Decision

Research Title :Extent of the Jordanian administrative judicature adoption of the indisputable (certainty)‎ knowledge : comparative study

Authors : الشباطات، محمد علي زعل الكساسبة، هشام حامد

Abstract :The promulgation or announcement of the administrative decision to the concerned party is deemed a legal, irreversible presumption on serving the decision whether it was regulatory or individual. Yet, this does not prevent proving that the concerned party had been communicated the decision without these means, depending on any of the sufficiently accepted notification or serving methods that provide a proof on the indisputable knowledge. The actual knowledge will be achieved if the administration did not apply the abovementioned methods, once certain circumstances prevent them, or such circumstances would prevent applying these methods. Accordingly, the research deals in the extent of the Jordanian administrative judicature adoption of the indisputable knowledge. In this concern, the legislator provided this case and attached it to the publishing and announcement due to the integration of causality. This is vitally important so that the case of the unannounced or unpublished decision will not remain pending for indefinite periods, which, consequently, will result in instability of the legal positions concerned with these decisions. As such, the administrative judiciary added to the two legally specified publishing and announcement methods a third method, i.e. the indisputable knowledge. Thus, this research was made as follows: the first topic, "Essence of the Indisputable Knowledge", which included three requirements: content of the indisputable knowledge, the conditions that should be present in the indisputable knowledge, and jurisprudence attitude toward the indisputable knowledge. The second topic, "Proof of the Indisputable Knowledge", tackled two demands: means of proving the indisputable knowledge, and strength of the indisputable knowledge presumption in evidencing

Keywords : Administrative Judiciary, Judicial Presumptions, Indisputable knowledge.

Research Title :The burden of proving the cause defect in the administrative decision

Authors : محمد علي زعل الشباطات أحمد فرج الصادق

Abstract :This study aimed to shed light on the judicial control over the cause of the administrative decision and the burden of proof, which emerged in the district of the French Council of State at the Beginning of the last century, And the establishment of the State Council of Egypt, which followed the French Council of State in the imposition of this control after its establishment in 1946, as well as the establishment of the Jordanian Administrative Court and try Jordanian administrative judiciary to benefit as much as possible of the provisions of the Egyptian administrative court . It also made it clear that this control has evolved from the control of the physical existence of the facts to the control of the legal description of the facts, and then arrived at the field of convenience borders to monitor the proportionality of the administrative decision with the facts that cause the release, as well as talk about the administrative power of the judge to limit the discretion of management in adapting facts, We addressed the apparent mistake in assessing the facts and the theory of the balance between the benefits and damages, including elimination of the position of administrative theory, and the authority of the administrative judge in the coverage defect reason.

Keywords : Administrative Decision, Cause defect, The burden of proof

Research Title :The concept of governance and its impact on universities to promote transparency, accountability and participation standards

Authors : محمد علي زعل الشباطات

Abstract :In light of what is witnessing today's world, economic, political and social transformations, the governance has become occupies great importance in the important topics that based on them administrations and public and private institutions alike. In most countries of the world where universities contribute to the development of various aspects in an annex of the economic state facilities, an important and vital part of the general community. The forerunner of the main institutions in the application of corporate governance requirements. Thus, the goal of this research is to shed light on the concept of "governance of universities" as a way to practice good governance powers, the role in which the public state and private university facility plays a major and influential role, including that this entails an urgent need to monitor this role and incorrigible. Which promotes the continuation of the culture of participation in public life, whether on or off campus of the university, which is working on the development of the university as an academic institution supposed to reshape the cultural and scientific knowledge and attitudes of society. And the effect of transparency and access to justice and to grant the right to the accountability of the academic institution management for stakeholders to achieve their visions, principles and objectives.

Keywords :governance, accountability, transparency, participation.

Research Title :The Effect of Raising Administrative Law-Suit to a non-Jurisdictional Court, Regarding the Time- Clause of the Suit in Jordanian Administrative Judiciary Law A comparative study

Authors : د. هشام حامد الكساسبة د. محمد علي الشباطات

Abstract : The administrative law- suit is considered similar to other cases regarding the time clause in front of a court and the effect of the case with in the speciality of administrative judiciary law in order to keep transaction firm and stable and to protect individual legal position. The time clause of the suit may be stayed or interrupted by reason of raising the law-suit to a non-jurisdictional court concering the time clause of the case in accordance with the Jordanian Administrative law of judiciary No: (27) of the year (2014) , so this article deals with subjects as follows.  The difference between stay and inturroption of time-clause.  Raising the suit in front of non-jurisdictional court, and the effect of such a suit in Jordan, Egypt and France, in a comparative study.

Keywords :non-jurisdictional courts, administrative law-suit, Stay of time clause, interruption of time-clause

Research Title :Legal conditions for the validity of the delegation of administrative powers

Authors : د. محمـد علـــي الشـباطات - ميثــاق قحطــان حامــد

Abstract :This study aimed to shed light on the subject of the legal requirements for the health authority in administrative functions, in terms of statement the concept of authority in administrative functions and enjoys the mandate of the easing of the burden on the owner of the president's inherent jurisdiction of the side. And it leads the other hand to achieve the speed and flexibility in business performance and boost the morale of subordinates and increase a sense of confidence in themselves and eliminates the negative and red tape, with the survival of the responsibility on the owner of inherent jurisdiction, because the mandate focused only on the administrative duties and functions without responsibility for those specialties. While addressing the formal requirements and substantive validity of the mandate, as the existence of an explicit legal provision authorizing the mandate, and that is partly the mandate and written and temporary, and will be for people who are identified by the text of the authorizing mandate, and exercise within the limits of resolution authorizing, and the inadmissibility of delegating competences delegated, or delegated authority unless there are legislative text explicitly authorizes the delegation of authority, with the possibility of the deployment resolution authorizing the official Gazette or any other ways that can cause the purpose of that. With the exception of the conditions of validity of the authorization statement in the case of exceptional circumstances, and exceptional management authority should be limited to the exception set out in the Constitution nor extends, and may not be extended to non-emergency cases and emergencies, and that any violation of the terms of the mandate has resulted in nullification or lack, according to the gravity of the offense resolution authorizing illegal.

Keywords : the mandate, the Commissioner, and the Commissioner him, delegating jurisdiction, delegation of signature.

Research Title :The Legal System of Administrative Decision Counter

Authors : د. محمـد علـــي الشـباطات - ميثــاق قحطــان حامــد

Abstract :The decision of the administrative counter way to end its administration of individual rights and generating an exception to the general rules, It must therefore restrict its authority when issuing follow the procedures and certain forms , Adequate safeguards is also committed to the protection of individual legal rights centers stable and generated by the legitimate administrative decisions And that prevent abuse Administration. To this end, the study addressed the definition of administrative decision and counter the most important concepts that form the scope of application of the idea of administrative decision-counter, as well as a study of the legal guarantees for the issuance of the administrative decision counter, and the position of Fiqh and the judiciary of the principle of causing the administrative decision counter.

Keywords : The Administrative Anti decision, Causing the Administrative Decision, The Principle of Parallel Jurisdiction, The Principle of Parallelism of Forms.

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Dr. Mohammed Ali Al-Shabatat

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