مبدأ المساواة في ظل قرارات المحكمة الدستورية في الأردن و آليات تعزيزه

Abstract EN

The study tackles the principle of equality which is the cornerstone and basis of any legal system , all rights and freedoms.

Since this principle is likely to be violated by the legislative authority with regard to the legislation that governs the lives of individuals and their relations with each other, This legislation is enforceable and is applied to its addressees, despite the fact that it violates this principle..

Therefore, the establishment of the Constitutional Court in Jordan, all its specialties, as the judicial body responsible for monitoring the constitutionality of laws has formed a defense line and a protector for the rights and freedoms of individuals as well as the basic principles of these freedoms, which are topped by the principle of equality.

The study, through analysis of some of the judgments delivered by the Constitutional Court, seeks to identify the position of the court towards the legislative texts that carry what might be considered a violation of this principle and whether these provisions constituted a stable approach to the court in this respect.

The study concludes that establishing Constitutional Court is in itself a victory for the principle of equality.

Furthermore, the Court, through its provisions, has established a trend that provided for the principle of equality to be considered as a constitutional basis, which no legislation of any kind could violate, otherwise it would have been threatened with repeal.