المُوجِّهات الحجاجية في الهندسة التشريعية

دراسة في إعادة تشكيل المركز القانوني للترقية في الأردن

الملخص

This study investigated the argumentative structure inherent in the texts regulating promotion in the Jordanian public sector, considering them as a discourse that transcends its neutral regulatory role to produce impact. The linguistic analysis focused on deconstructing how the concepts of merit, eligibility, and evaluation have been reshaped within the public sector's human resource management system, the foundations and regulations for promotion issued under it, and the resulting transformations in the description of the employee's legal status and the effectiveness of administrative judicial oversight of related decisions. The study's methodology was based on two approaches: linguistic argumentation (Ducroet and Anscombre) and rhetorical argumentation (Perelman and Tyteca), in addition to employing the concepts of legal security and administrative law. The analysis concluded that the studied texts operated through a system of argumentative guidelines, in which language moved beyond neutral description to perform procedural functions; the effects of which were reflected on the employee on the one hand, and on administrative oversight on the other. Denying the legal status of promotion and cutting off the legitimate horizon of expectation for the employee by enshrining the centrality of non-objective criteria and giving precedence to their relative weights, has led to the redistribution of the argumentative power of the evaluation elements in favor of discretionary authority and fortifying it in a way that narrows the limits of objective judicial examination and restricts it, and shifts the direction of oversight from examining the element of reason and the reasonableness of the assessment to being satisfied with monitoring the integrity of formal procedures, through the production of inferential paths that fortify the administrative decision procedurally, and limit its subjection to oversight of the substance of the decision, which has led to a redefinition of the relationships between administrative legislation, discretionary authority and the legal protection assumed within the system of the social contract, which highlights the importance of including argumentative analysis among the tools for studying contemporary administrative legislation.