Problems resulting from monitoring the constitutionality of the systems in force "A comparative analytical study in the light of Jordanian legislation and judiciary"

Abstract

This research presents a specialized legal study according to an applied analytical approach to address the nature of the problems resulting from the control of the constitutionality of the systems in force in the Jordanian Constitutional Court Law. This is done by searching for the legislator’s intent with the term “enforcement” in relation to the systems subject to the supervision of the Constitutional Court, as well as defining the scope of the court’s jurisdiction over judicial control over the constitutionality of the systems by approaching and comparing with the competence of the administrative judiciary to monitor the legality of the systems.

Thus, the objectives of the research revolve around removing ambiguity and confusion about defining the concept of “enforcement” related to the regulations and described literally by the legislator; the problems resulting from this definition; and why this concept is associated with the systems rather than the ordinary laws. Is this evidence that what is meant by this is the executive regulations (only), which are related to the law, rather than the rest of the types and forms of regulations?

The research reached several findings that answer the questions raised in the introduction to this research, both with regard to the concept of “enforcement” accompanying the regulations, and the problems resulting from this concept, as well as defining the scope of the Constitutional Court's mandate to supervise the constitutionality of the regulations.

The research also recommended several recommendations, the most important of which are with regard to the Jordanian constitutional judiciary: to proceed with its judicial control, without transgression or derogation, or to resort to a formal response without an acceptable justification.