The Concept of the Public Employee in Jordanian Law: Different Constitutional, Administrative, and Criminal Law Definitions

Abstract

Objective: The article analyzes the legislative concept of the public employee contained in the Jordanian constitution, administrative and criminal legislation, and compares it with the legal legislation in the comparative countries under scrutiny, such as French legislation and Egyptian legislation. This will be achieved through interpreting the jurisprudential, legislative, and judicial standards that appeared in the definition of the public employee, identifying the shortcomings and deficiencies in setting a comprehensive and preventative definition of the public employee, and comparing that definition with the comparative jurisprudential, legislative, and judicial trends.

Methodology: The comparative and analytical approaches were used in our study, which covered Jordanian, French, and Egyptian legislation, to analyze the concept of the public employee constitutionally, administratively, and criminally, and to clarify the jurisprudential, legal, and judicial definitions by referring to the jurisprudential point of view as well as the Jordanian constitution, the penal code, the Jordanian civil service system. 

Results: We revealed through this article that it is necessary to establish a unified and comprehensive definition of the public employee constitutionally, administratively, and penally in the legislative systems of each country..

Research Limitations: Public employee concept contained in the study may differ from other concepts, such as the concept of the worker in labour laws, due to the different nature of the legal system followed in each of the countries under study.

Authenticity: Our study proved that the concept of public employee according to the jurisprudential trends, differs from the legal and judicial concept, so it became clear to us that, the jurisprudential definitions of the public employee were more comprehensive and general than the legislative and judicial definitions.