Oversight on the Constitutionality of Laws: A Case Study of the Jordanian Constitutional Court

Hazem Suleiman Toubat ,Emran Mahafzah ,Hashim Ahmed Balas

doi:10.7176/jlpg/82-03

Abstract

This study aims to examine the oversight on the constitutionality of laws in Jordan in the light of the relevant constitutional provisions. The doctrinal approach is used in this study, where the primary data were collected through the provisions of the Jordanian Constitution and laws as well as the ruling of the Jordanian constitutional court. The study addresses the importance of the oversight on the constitutionality of laws, the provisions of the Jordanian Constitution relating to the Constitutional Court, and then the decisions and rulings of the constitutional court.The study concluded that the legal and constitutional provisions relating to the Jordanian Constitutional Court, , together with the Court’s commitment to formal procedures have negatively affected the Court’s role in monitoring the constitutionality of laws and its presumed role in protecting the rights and freedom of Jordanians. Keywords: Jordan, Jordanian Constitution; Constitutional Court; Constitutionality of Laws. DOI : 10.7176/JLPG/82-03

Highlights

The oversight on the constitutionality of laws constitutes an important element in the formation of the legal state, which is based on the principle of the rule of law and respect for the rights and freedoms of citizens.[1]
This study aims to examine the oversight on the constitutionality of laws in Jordan in the light of the relevant constitutional provisions
The study addresses the importance of the oversight on the constitutionality of laws, the provisions of the Jordanian Constitution relating to the Constitutional Court, and the decisions and rulings of the constitutional court.The study concluded that the legal and constitutional provisions relating to the Jordanian Constitutional Court, together with the Court’s commitment to formal procedures have negatively affected the Court’s role in monitoring the constitutionality of laws and its presumed role in protecting the rights and freedom of Jordanians

Summary

Introduction

The oversight on the constitutionality of laws constitutes an important element in the formation of the legal state, which is based on the principle of the rule of law and respect for the rights and freedoms of citizens.[1] This principle principle is based on the fact that the Constitution is the fundamental law on which the legal and political system of any country is built. The Constitution is superior to other legislations. The constitutional rules can only be repealed or amended by a similar constitutional rule. It means that the legal rules may not be explicitly or implicitly contrary to constitutional rules, whether in text, content, or objectives. Otherwise, these legal rules become unconstitutional and must be judged null and void.[2]

Objectives

Discussion

Conclusion