Guarantees of Administrative Detention and Its Impact on Public Freedoms in Jordan

Abstract

The decision of administrative detention has a negative Impact on public rights and freedom because of its Impact on the life, livelihood and stability of individuals. However, despite its negative effects, this measure is justified In stabilizing and stabilizing society in the public interest. This study examines the definition of administrative detention as well as make a comparison with judicial detention and its legal nature. The study then examines the justification for the detention and Its impact on the public freedom of individuals.
The study concludes that such detention has a negative impact on the rights and freedoms of individuals, as well as the colliding with the principle of separation of powers between the authorities through interference with the jurisdiction of the judiciary, which is the competent body to authorize such detention.
The study recommends that this power of detention should be restricted in order to avoid its negative Impact, such as subjecting detention decisions to direct judicial jurisdiction and not limiting It to judicial appeal only to avoid undue expansion of authorizing it.