الضوابط القانونية للدفع بعدم دستورية القوانين في الأردن

الملخص EN

The goal sought from enforcing control by the Jordanian judiciary to prevent the implementation of the laws that violate the constitution can’t be met without having laws ensuring that.

It is represented in implementing the principle of the priority given to the implementing the constitution.

It’s also represented in protecting the rights and freedoms of people.

The members of the judiciary didn’t approve one mechanism only for enforcing control over the compliance of the laws with the constitution.

They enforced such control sometimes due to certain causes and justifications.

Due to having such hesitations by the members of the judiciary and having many responses to fiqh-related claims, the legislator of the Jordanian constitution added a text in pursuant to the constitutional amendments of 2011.

This texts suggests that a special constitutional court shall be created.

This court is specialized in enforcing judicial control over the compliance of the applicable laws and legislations with the constitution.

The latter texts suggests that such control is enforced through two means.

Those means are: direct lawsuit (direct claim) and filing a claim suggesting that there is violation for the constitution (non-direct claim).

The judgment issued by this court is deemed final and binding for the authorities in the state.

That is because the legislator of the constitution aims to find effective methods for enforcing control over the compliance of the laws with the constitution.

The law of the constitutional court and the systems and legislations issued in pursuant to this law shed a light on the legal controls (conditions and procedures) that are required to enforce such legal control.

They shed a light –in specific – on the control over the compliance of the laws with the constitution.

They shed a light on the standards used for checking such compliance when having a claim filed by one of the parties of the substantive lawsuit.

The constitutional judiciary identified such standards.

He considers the confession of committing the crime in the subject court as a justification that allows people to contact the constitutional court.

There are some obstacles that hinder the implementation of the mechanism used for filing a claim stating that the laws violate the constitution.

The researcher hopes that such notes and obstacles are examined by the Jordanian legislator and judiciary during the coming days.

Through this study, the researcher sheds a light on the meaning of claiming that the laws violate the constitution.

Filing such claim is one of the methods used for enforcing judicial control for ensuring that the laws don’t violate the constitution.

Such laws allow people to make such claim.

This study identifies the legal control of filing such claim.