The Human Rights Dimensions of Administrative Detention

Authors : HASHEM BALAS, MAMOON SULIMAN ALSMADI
Pages : 11-19
Doi:https://doi.org/10.64440/BIRUNI/BIR009
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Publication Date : 2025-12-04
Article Type : Research Paper
Abstract :The powers bestowed upon the administrative authorities are quite troubling because these are discretionary powers that directly affect the individual`s freedoms. This piece of research speaks about the necessity of controlling the manner in which these authorities utilize their power, and it demands that not only should the powers be used but also that they should be in line with the laws that regulate this exceptional jurisdiction.  This research is intended to review the legislation on administrative detention in light of the protection of individual rights and to identify if there is a necessity for a review or a change of certain parts of the law.  The research method is based on thorough legal research and involves criticism of the laws with which the researchers disagree and legal perspectives that support the laws. The most important implication of the study has to do with the fact that the law endows the governor with the discretion of employing a wide range of preventive measures envisaged in the Crime Prevention Law including the issuing of a binding undertaking, bail, detention or probation (house arrest) without any restrictions. Said in other words, the governor may do so free of any legal constraint.  Moreover, the Jordanian law allows for the lodging of appeals against the governor`s decisions under the Crime Prevention Law before the Administrative Court for checking their legality and conformity with the law provisions. In brief, this work is a mirror of the indispensable necessity of revitalizing the laws about administrative detention so as to create a balance between the security of the public and the rights and freedoms of the individual which is to be the outcome of the rule of law and accountability gaining solidity. 
Keywords : Administrative Detention, Human Rights, Human Rights Violations, Detention Laws

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