OVERSIGHT OF THE LAWS’ CONSTITUTIONALITY IN THE JORDANIAN POLITICAL SYSTEM

Abstract

The constitutional oversight radically aims to embed the law’s principles by monitoring the laws’ implementation, protecting the freedoms of the individuals, and reinforcing the constitution respect. The Jordanian judiciary practiced its right to monitor the constitutionality of laws by refraining from applying the legislative text that contradicts the constitution. This situation continued until there were calls to hand over the constitutional oversight to an independent body whose attention is focused on verifying that the public authorities in the state respect the constitution’s supremacy. Accordingly, the constitutional court was established based on the promulgation of Constitutional Court Law No. 15 of 2012. The constitutional court was established basically to oversight the constitutional legislations. The present study discussed the constitutional oversight through five main dimensions; Framework and organization of the Constitutional oversight in Jordan, the jurisdictions of the Constitutional Court, the nature of the Constitutional Court and its judicial policy, the right to litigation and ways to initiate the constitutional lawsuit, and the validity of the Constitutional Court judgments and their related legal effects. According to the study methodology, a set of recommendations was provided.