Abstract
The establishment of the constitutional courts is regarded as the main demand for democratic states; the regular courts and high court of justice in Jordan have delivered many several decisions that insist on the issue of judicial review on the constitutionality of law and administrative actions. The present study comprises a number of sections. The first section, general notion on democracy and judicial controlling in Jordan, is statement of the study problems, purposes and significance of the study and the methodology applied by the researchers. Democracy under the constitution of Jordan and the main features of democracy in this constitution are undertaken in the second section.The third section aims to acquaint the reader with the structure of the judiciary and the national standers pertaining to judicial independence and rule of law in Jordan. The fourth section evaluates the judicial review under the constitution of Jordan and the national charter, while section five examines respectively the role of judiciary in defending human rights of Jordanian citizens and the norms of judicial independence and rule of law in Jordan. The sixth section highlights the issue of constitutional court and the judicial reform in Jordan. The subject of judicial review, control of the constitutionality laws and types of the constitutional review as well judiciary's attitude towards judicial review in Jordan is discussed deeply in the seventh section. Finally, section eight, conclusion and recommendation to the issue of democracy and judicial controlling in Jordan.This study suggests that the violable constitutional court in Jordan should be provided by the constitution as it is included in the national charter, 1992 which requires a new constitutional amendment. The court should be completely independent and separated from any type of controlling of other courts, either regular or administrative. It also recommends that the court should be interlay constituted from experienced, impartial and talented judges with long term of service and should exercise equally progressive role in intervening power politics and that more precautions may be taken for the court.
Highlights
Jordan was a part of the Ottoman Empire for more than four centuries
1.1 Statement of the Problem: The present study tries to clarify the constitutional safeguards for both democracy and laws in Jordan, which form the legal framework of a democratic society, the democracy and judicial controlling in Jordan has been a critical issue since there were many attempts to outline the correlation between both concepts
For the issues of sovereignty of nation and the possibility of judicial controlling on law issued by the members of the parliament, as it is considered the symbol of the nation's well, democracy is not government by people, but wise people who are responsible to hold judgments in the society (Lindsay,1962)
Summary
Jordan was a part of the Ottoman Empire for more than four centuries. The country was placed under the League of Nations’ mandate which lasted until the achievement of independence on 25th'May'1946 (Olwan, 2006).The major democratic process occurred during King Talal short reign (1951-1952); where a relatively liberal Constitution was enacted in 1952 by the first Parliament. Article 97 reads, “judges are independent, and in the exercise of their judicial functions they are subject to no authority other than that of the law”, while article 81 stipulates that “the courts shall be open to all and shall be free from any interference in their affairs.”. These articles were coined to consecrate the principle of the Independence of the Judiciary and the principle of the sovereignty of law. The present study deals with the role of judiciary in controlling the constitutionality of law and actions of public authorities in Jordan, by which the constitutional provision of the constitution of Jordan will be clarified in order to explain the basis of judicial review and to what extension the ordinary and special courts in Jordan can apply, the nature, characters and jurisdiction of the High Court of Justice and its role in examining the legitimacy of laws and actions have been highlighted
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