2013Dirasat Shari a and Law SciencesOpen access

The Role of the Constitutional Court in the Strengthening of the Judiciary Comparative Study (Jordan-Egypt)

Osama Al-Hanayneh, Mohammad Al-Wraikat

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Abstract

This study addressed the issue of the role of the Constitutional Court in the strengthening of the judiciary. After a comparison between Egypt as a state which has the extensive and historical experience in the field of constitutional specialist justice by the Constitutional Court and its role in controlling the constitutionality of laws; and Jordan as a modern experience in the field of the Constitutional Court; as has been the development of this court under the constitutional amendments recently made to the Jordanian Constitution in 2011. We have reached through research that the Constitutional Court as a specialized in the constitutional side are best placed to monitor the constitutionality of legislation in the state, and accept what is identical with the Constitution and revoke what offending it. Thus, things become clear to judiciary, which makes it able to take its provisions without any doubt contravention to the Constitution, which strengthens the role of the judiciary in providing rights without any hesitation

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This study addressed the issue of the role of the Constitutional Court in the strengthening of the judiciary. After a comparison between Egypt as a state which has the extensive and historical experience in the field of constitutional specialist justice by the Constitutional Court and its role in controlling the constitutionality of laws; and Jordan as a modern experience in the field of the Constitutional Court; as has been the development of this court under the constitutional amendments recently made to the Jordanian Constitution in 2011. We have reached through research that the Constitutional Court as a specialized in the constitutional side are best placed to monitor the constitutionality of legislation in the state, and accept what is identical with the Constitution and revoke what offending it. Thus, things become clear to judiciary, which makes it able to take its provisions without any doubt contravention to the Constitution, which strengthens the role of the judiciary in providing rights without any hesitation

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Available abstract

This study addressed the issue of the role of the Constitutional Court in the strengthening of the judiciary. After a comparison between Egypt as a state which has the extensive and historical experience in the field of constitutional specialist justice by the Constitutional Court and its role in controlling the constitutionality of laws; and Jordan as a modern experience in the field of the Constitutional Court; as has been the development of this court under the constitutional amendments recently made to the Jordanian Constitution in 2011. We have reached through research that the Constitutional Court as a specialized in the constitutional side are best placed to monitor the constitutionality of legislation in the state, and accept what is identical with the Constitution and revoke what offending it. Thus, things become clear to judiciary, which makes it able to take its provisions without any doubt contravention to the Constitution, which strengthens the role of the judiciary in providing rights without any hesitation

Key concepts: Constitutionality, Constitution, Law, Constitutional court, Political science, Constitutional review, Legislation, State (computer science)

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