The Jordanian Constitutional Court: The Legal Function

Authors

  • Dr. Dema Matrouk Aloun Privet Law, the world Islamic Sciences and Education University

DOI:

https://doi.org/10.31150/ajshr.v3i5.1352

Keywords:

Law, International Law and Relations, Political Science

Abstract

Following the early 2011 protests in Jordan, the Jordanian Constitutional Court was created as one of many reforms to the Jordanian regime. The Court was created to help legitimize the government through the guarantee of legislative constitutionality as well as the protection of Jordanians’ rights. Despite the Court’s intentions, many have questioned the Court’s legitimacy and effectiveness due to the regime surrounding it as well as the specifics of the Court itself. This study seeks to analyze the realities of the Court’s functions in the Jordanian political sphere and to determine the Court’s independence and effectiveness based on a variety of factors. To determine the answers to these questions, this study includes an analysis of literature about comparative judicial review and material culture surrounding the Court combined with the results of interviews with a variety of individuals knowledgeable about or involved with the Constitutional Court. With the Court’s young age, such a study is essential in determining the Court’s current and future contributions to liberalism in Jordan, and whether democratic institutions can have any substantial effect in less-than-democratic regimes.

References

Al-Dabas, M., (2013, September 16). No Decision to Dissolve Parliament Yet: Constitutional Court. Ammon News.

Al-Khataibeh, O., (2013). The Impact of Explanatory Decision of the Constitutional Court in Jordan. Journal of Law, Policy and Globalization, 16, 9-14.

Arjormand, S.A., (2007). Islamic Constitutionalism. The Annual Review of Law and Social Science, 3, 115-140.

Barany, Z., (2013). Unrest and State Response in Arab Monarchies. Mediterranean Quarterly, 24(2), 2-38.

Brown, N.J., (2003). Constitutions and Accountable Governments In the Arab World. Unpublished manuscript.

Brown, N.J., (1998). Judicial Review and the Arab World. Journal of Democracy, 9(4), 85-99.

Epp, C. (1998). The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago: University of Chicago Press.

French Const. art. 56-63

German Const. art. 93-94

Hirschl, R. (2007). Towards Juristocracy: The Origins and Consequences of the New Constitutionalism. Boston: Harvard University Press.

Jordanian Const. art. 58-61

Joseph, J., (2012). Constitutionalism, Constitutional Review, and Constitutional Courts. Other Publication Information Unavaialble. 1-15

J.T., (2013, October 3). Constitutional Court Rejects Challenge to Elections Law. The Jordan Times.

Ruhaimi, Mefleh. Member of the Jordanian Parliament. Interviewed by Jacob Emont. November 19, 2013.

Ryan, C. R., (2012, April 13). The Implications of Jordan’s New Electoral Law. Foreign Policy.

Scheppele, K., (2001). Democracy By Judiciary. Unpublished manuscript.

Schor, M., (2007). Mapping Comparative Judicial Review. Washington University Global Studies Law Review, 7(257), 257-287.

Solomon, P., (2007). Courts and Judges in Authoritarian Regimes. World Politics, 60(1). 122-145.

South African Const., art. 97-100

Tamir, M. (2009). The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge: Cambridge University Press.

Tushnet, M., (2003). New Forms of Judicial Review and the Persistence of Rights- And Democracy-Based Worries. Wake Forrest Law Review, 38, 813-838.

Tushnet, M., (2006). Weak-Form Judicial Review and “Core” Civil Liberties. Harvard Civil Rights-Civil Liberties Law Review, 41, 1-22.

Yom, S.L., (2013). Jordan: The Ruse of Reform. Journal of Democracy, 24(3), 127-139.

Yom, S.L., (2013). Resilient Royals: How Arab Monarchies Hang On. Journal of Democracy, 23(4), 74-88.

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Published

2022-05-31

How to Cite

Aloun, D. D. M. . (2022). The Jordanian Constitutional Court: The Legal Function. American Journal of Social and Humanitarian Research, 3(5), 368–382. https://doi.org/10.31150/ajshr.v3i5.1352