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Judicial Control over Constitutionality of Laws and Regulations before the Constitutional Court in Jordan

Faisal Shatnawi, Salim Hatamleh

Open publisher page 2 citations

Abstract

This study aims at taking up the formation of the constitutional court and its jurisdictions. It focuses therefore on the importance of control of the constitutional court in Jordan, and the importance of control over constitutionality of laws; and control over constitutionality of regulations. The Jordanian judiciary, ordinary and administrative, has always exercised its rights as controlling constitutionality of laws through refrainment by applying legislative provisions that violate the constitution. This does not mean that there is a recognized competent constitutional judiciary in the country, where due to its emergence, many calls have brought up to make it under control of an independent body in order to make sure that the public authorities in the state respect superiority of constitution. This has been achieved by the formation of constitutional amendment in 2011 where provisions of the constitution caused establishment of the constitutional court to be responsible for judicial control over constitutionality of laws and regulations. As a result, Constitutional Court Law No. (15) for the year 2012 has been issued. Thus, it has started its task to increase the importance of constitutional legitimacy through being entrusted to carry out this control.

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What this paper is about

This study aims at taking up the formation of the constitutional court and its jurisdictions. It focuses therefore on the importance of control of the constitutional court in Jordan, and the importance of control over constitutionality of laws; and control over constitutionality of regulations. The Jordanian judiciary, ordinary and administrative, has always exercised its rights as controlling constitutionality of laws through refrainment by applying legislative provisions that violate the constitution. This does not mean that there is a recognized competent constitutional judiciary in the country, where due to its emergence, many calls have brought up to make it under control of an independent body in order to make sure that the public authorities in the state respect superiority of constitution. This has been achieved by the formation of constitutional amendment in 2011 where provisions of the constitution caused establishment of the constitutional court to be responsible for judicial control over constitutionality of laws and regulations. As a result, Constitutional Court Law No. (15) for the year 2012 has been issued. Thus, it has started its task to increase the importance of constitutional legitimacy through being entrusted to carry out this control.

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Available abstract

This study aims at taking up the formation of the constitutional court and its jurisdictions. It focuses therefore on the importance of control of the constitutional court in Jordan, and the importance of control over constitutionality of laws; and control over constitutionality of regulations. The Jordanian judiciary, ordinary and administrative, has always exercised its rights as controlling constitutionality of laws through refrainment by applying legislative provisions that violate the constitution. This does not mean that there is a recognized competent constitutional judiciary in the country, where due to its emergence, many calls have brought up to make it under control of an independent body in order to make sure that the public authorities in the state respect superiority of constitution. This has been achieved by the formation of constitutional amendment in 2011 where provisions of the constitution caused establishment of the constitutional court to be responsible for judicial control over constitutionality of laws and regulations. As a result, Constitutional Court Law No. (15) for the year 2012 has been issued. Thus, it has started its task to increase the importance of constitutional legitimacy through being entrusted to carry out this control.

Key concepts: Constitutionality, Law, Constitution, Constitutional review, Constitutional court, Political science, Legislature, Judicial review

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