A Study About the Law of Jordanian Constitutional Court

Abstract

The research is financed by Applied Science Private University/ Jordan

Abstract

The Political and constitutional jurisprudence agreed unanimously on recognizing the constitutions according to the principle of supremeness – i.e. subjective supremeness. This means that the topics discussed by such constitutions are supreme topics as they are the power and freedom laws. The principle of constitutions' supremeness also means the formal supremeness as the principle of constitution's supremeness forms the most important bases, elements and topics of the state of Law.So, it is necessary to maintain the supreme position of the constitution regarding the topics and the content or in the procedures and formalities necessary for enacting or amending the constitution. Therefore, there is an urgent need for the existence of a judicial agency or a political one undertaking to maintain the supreme position of the constitution.The Jordanian constitution has not controlled the constitutionality of the laws prior to the amendments done to some of its articles in 2011. so, the control done on the constitutionality of the laws was the abstention control. Pursuant to the said constitutional amendments, the constitutional court was established with enacting its law. It has become the sole agency entrusted to control the constitutionality of the laws whereas the researcher discussed the way of forming such court and the methods of how to defend the unconstitutionality before it. the researcher also discussed the manner of forming such court and how the unconstitutionality lawsuits can be pursued before it.

Keywords: Constitutionality of laws, Constitutional Court, Judicial Control, abstention control, political control, defending with unconstitutionality, interpreting the texts of the constitution.