الإشكاليات الدستورية الخاصة بتطبيق المعاهدات في الأردن

Abstract EN

This study analyzed several practices by the legislative executive and judicial authorities in Jordan related to applyingtreaties that might infringe the provisions of the constitution in four chapters.

Chapter one discussed the legitimacy of ratifying treaties by provisional laws and the second chapter explained the ambiguity of the criteria stipulated in constitution that govern the ratification of treaties by the Parliament.

In the third chapter, it was explained how Judicial precedents that give supremacy to treaties over national legislation can undermine the Principle of Separation of Powers.

The final chapter examined if treaties can be annulled by the constitutional court.

Several conclusions were made, most notably that article 33/2 of the constitution needs to be amended to avoid ambiguity and misinterpretation.

Also, article 59 should be amended to expand the mandate of the constitutional court to have authority of examining the constitutionality of treaties ratifiedby the legislative or executive authorities