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The Constitutional Court of Jordan: Evaluating 10 Years of Service & Future Expectations

by Zaid Eyadat, Laith Nasrawin

In cooperation with the Center for Strategic Studies (CSS), University of Jordan, Amman – Jordan.

The Rule of Law Program Middle East & North Africa of the Konrad-Adenauer-Stiftung (KAS), in cooperation with the Center for Strategic Studies (CSS) at the University of Jordan, has written a study to to assess the Constitutional Court of Jordan's current significance, its impact on Jordan's rule of law, and the extent of that impact over the last ten years. Further, this paper seeks to investigate whether there has been a change in legislative trends and behaviors as well as major legislative decisions that have reflected the success (or failure) of the court in achieving its founding objectives.

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On the 6th of October 2012, the Constitutional Court of Jordan was formally established by means of a royal decree. This came after the Jordanian Senate and National Assembly warranted the constitutional amendments proposed by the Royal Committee in August of 2011 after nearly five months of deliberations, which mandated the establishment of the court the following year.

Subsequently, the court consisted of nine members including a chairman and aimed at fostering the separation of powers and authorities – mainly eliminating the power which the Executive had over the Legislature – and the exercise of rights and freedoms as per international standards through scrutinizing and reviewing the constitutionality of laws, as well as interpreting constitutional provisions.

However, some believe that despite the court’s establishment, the Executive branch still maintains considerable power over the Legislature due to the exceptional constitutional merits of the King. Others raise concerns that the establishment of the court itself was a direct infringement of the rule of law in Jordan. Therefore, how has the Constitutional Court of Jordan faired in achieving its aims nearly ten years since its establishment? What is its significance for, what is its impact on the rule of law in the Hashemite Kingdom of Jordan?

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Salam Al-Zahran

Salam Al-Zahran
Project Manager
Salam.Alzahran@kas.de +961 1 385 094 | +961 1 395 094

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