The Status of Digital Evidence in Administrative Litigation

Abstract

Background & Statement of the problem: As nations advance in their pursuit of digital transformation, this research addresses a critical topic, despite its widespread relevance and significance in administrative litigation, remains underexplored. The central focus of this study is to examine the extent to which administrative law adapts to digital transformation and the evolving nature of administrative evidence, particularly in the context of increasing reliance on digital evidence.

Objectives: The primary objective is to clarify the mechanisms through which digital evidence is utilized in administrative litigation and to assess its evidentiary value before administrative judges. Furthermore, the study aims to evaluate the extent to which Jordanian administrative law aligns with the growing prevalence of digital evidence in administrative proceedings.

Methods: This research adopts a descriptive-analytical approach, examining legal texts, judicial precedents, and scholarly opinions to address the research questions. The study is organized into two sections: the first section explores the use of digital evidence in proving administrative cases, while the second section assesses the probative value of such evidence in administrative litigation.

Results: The study finds that digital evidence has become an indispensable tool in administrative judicial proceedings, serving as a crucial means of proof.

Conclusions (Recommendations and Contribution): The study recommends the development of a more comprehensive legal framework to accommodate modern methods of proof. It also suggests, in certain cases, shifting the burden of proof to the administrative authorities, recognizing their superior capability in preserving electronic documents and records, which are increasingly relied upon as sources of evidence.