The Role of the Constitutional Court in Protecting the Rights and Freedoms of Individuals: A Case Study of Jordan

Abstract

Establishing the constitutional court is seen as a key demand for displaying the democratic states. In Jordanian context, the high court as well as the regular courts of justice delivered some various decisions insisting on the judicial review issue on the administrative actions and the law constitutionality. This study aims to identify the constitutional courts’ role in protecting the freedoms and rights of individuals. Also, it attempts to provide an in-depth analysis of the new constitutional courts in Jordanian Kingdom regarding to its own functions that are being found in the constitution and to provide some oversights that are associated to the constitutionality of regulations and laws in powers, and interpret the constitution’ provisions. This research found that the available provisions concerning the court procedures and the followed methods to undertake its own judicial works serving as the protectors in which they strengthen the constitutional court role in promoting the freedoms and rights of individuals. The study also found, for fulfilling these freedoms and rights for individuals some elements have to be highlighted such as the role of lawyers, judges and population’ awareness. In addition, the investigation high lighted the main vision behind what has been expected by this new Jordanian constitutional court and other courts with regard to defending human rights’ field keeping in mind the contemporary threats facing the entire world that increased among individuals in many places and the fears that their basic human rights could be a subject to the serious violations and attacks.

Keywords: Constitutional Court, Jordan, Freedoms, Rights, Citizens

DOI: 10.7176/JLPG/94-15

Publication date: February 29^th 2020