Article Title

Provisions of Authenticity under the Jordanian Constitutional Court Rulings and their Implications: A Comparative Study

Authors

Dr. Shatha A. Al-Assaf, Isra UniversityFollow

Abstract

The importance of constitutional judiciary derives from its major role in exercising control over the constitutionality of laws; thereby providing a strong fence protecting the provisions of the Constitution as the supreme legislation in the State. The judgments issued by Constitutional Courts and the authenticity they enjoy along with the impacts incurred constitute ones of the most important topics which should receive major attention and deliberation. This research has concentrated on the authenticity of the judgments of the Jordanian Constitutional Court and their impacts on the Jordanian Law, and on comparing such judgments to those of the Egyptian Law. The research has addressed an extremely important problem which involves the extent of efficient regulation by the Jordanian Law of the authenticity of constitutional judgments and related impacts compared to those of the Egyptian Law. In order to respond to this problem, the research used the comparative descriptive approach, and initially discussed the authenticity of judgments made by the Constitutional Court through clarifying their essence and framework in terms of subject matter together with their legal foundation according to both of Jordanian and Egyptian Laws. Then the research discussed the mandatory aspect of constitutional judgments of the Jordanian Law, commitment of the three executive, legislative, and judiciary authorities to implement such judgments, and compared such judgments to those of the Egyptian Law. Besides, the research highlighted the impacts of Constitutional Judgments through indicating the time frame for putting them into effect and the final nature of the Constitutional Judgments and related disputes either in terms of disputes related to constitutional judgments annulled for invalidity or for material errors contained therein or for decision-making on the topical requests ignored and interpretation of Constitutional Judgments, or executive disputes. The research came to several conclusions; mainly: asserting the need for amending the Jordanian Constitutional Court Law towards obligating the Legislative Authority to cancel the text judged as unconstitutional, to include a text on tackling Courts' abstention from implementing the Constitutional Judgments, and adopting the retroactive effect as a basis for constitutional judgments’ validity instead of the direct effect.

Recommended Citation

Al-Assaf, Dr. Shatha A. (2020) "Provisions of Authenticity under the Jordanian Constitutional Court Rulings and their Implications: A Comparative Study," مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL: Vol. 83: No. 83, Article 9.
Available at: https://digitalcommons.aaru.edu.jo/sharia_and_law/vol83/iss83/9