دفاتر السياسة والقانون
Volume 10, Numéro 19, Pages 605-622
2018-06-01
الدفع بعدم الدستورية كآلية لحماية الحقوق والحريات على ضوء التعديل الدستوري الأردني لسنة 2011
الكاتب : كسال عبد الوهاب . سعودي نسيم .
الملخص
Constitutional amendment is considered the most important event in Jordan in 2011, it held many positive additions and fundamental changes, among which is the creation of the first constitutional court, as an independent judicial body, standing by its own. Many specialties have been granted to this body, such as adjudicating defenses by claiming the unconstitutional character of laws, executive systems, and the ones referred to, in accordance to a decision made by the Court of Cassation. One of the parties has raised that, in the occasion of a lawsuit brought before the judiciary. Declaring unconstitutionality is a quantum leap and a positive step by the Jordanian constitutional founder, as it is considered an effective guarantee to protect the rights and general freedom devoted in constitutional texts. This mechanism is an effective tool to guarantee the highness of the Constitution is the rule of law. The practical (field) reality have proven that the constitutional court have issued many decisions in its way to practice this specialty, declaring the unconstitutionality of some legislative provisions. Accordingly; this mechanism will contribute in cleaning the legal system from the rights and freedom’s violating laws and systems, those dedicated in the Jordanian constitution, all that will certainly have a positive effect on developing and improving the Jordanian constitutional life in the future.
الكلمات المفتاحية
Constitutional court, rights and freedoms, highness of constitution, declaring unconstitutionality, Court of Cassation, Jordanian constitution
مقالات مماثلة
قادري أمال
.
ص 611-628.
عادل ذوادي
.
ص 328-352.
عراش نورالدين
.
ص 633-650.
