Condition of Interest in the Constitutional Lawsuit in Accordance with the Jurisdiction of the Jordanian Constitutional Court

Abstract

This study aimed to highlight one of the most important conditions for the validity of filing a constitutional lawsuit before the constitutional courts, which is the condition of interest.  By demonstrating and describing the concept of interest as a condition for accepting a constitutional lawsuit, besides, the right that protects the constitutional lawsuit shall be a right guaranteed by the constitution, and its breaches shall be considered a work of public authorities. As It may take the form of a law issued by Parliament, and it may take the form of a system or administrative decision issued by the executive authority, with the characteristics which shall be fulfilled in the condition of interest in the constitutional lawsuit, as there is a link between the interest in the constitutional lawsuit and the interest in the substantive lawsuit, as well as it shall be a legal, personal and direct interest that prescribed by law. And that the condition of the interest in the lawsuit shall be present throughout its stages, as it is required that it be present at the time of filing it, and to continue standing until the ruling is issued.  If the interest was absent before the court issues its ruling for any reason, the constitutional lawsuit will be terminated.

Keywords: Constitutional Lawsuit, the condition of Interest, The Constitutional Court .

DOI: 10.7176/JLPG/93-07

Publication date: January 31^st 2020