vol 25 no3,2025

The Impact of Challenging the Constitutionality of Laws and Regulations in Lawsuits Before Jordanian Courts on Individuals' Rights and Freedoms

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The Impact of Challenging the Constitutionality of Laws and Regulations in Lawsuits Before Jordanian Courts on Individuals' Rights and Freedoms.

Meshal Daher Doushan Almadi

Faculty of Law

The University of Jordan/Jordan

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Received : 01/07/2024

Accepted : 15/12/2025

Abstract:

This study aims to clarify the implications of the plea of unconstitutionality of laws and regulations raised before Jordanian courts, particularly in the context of an ongoing substantive case between the parties involved. The study will examine the rights and freedoms guaranteed by the Jordanian Constitution of 1952 and its successive amendments. The researcher employed a descriptive-analytical approach to address the concept of the plea of unconstitutionality. The study reached several findings, the most important of which is that the Jordanian legislator has strengthened the protection and preservation of rights and freedoms through the enactment of laws addressing the concept of pleading unconstitutionality, as reflected in both the Jordanian Constitution and the Constitutional Court Law. Additionally, the study found that the constitutional legislator introduced this supervisory tool without explicitly granting or prohibiting the supervision of abstention. This allows the judge of the substantive case to disregard legislative texts that violate the Constitution in the case before him without referring to the Constitutional Court in this regard. The study concluded with a series of recommendations, the most important being the necessity of amending the provisions of the Constitution and the Law on the Constitutional Court to limit the role of the Constitutional Court's oversight to examining the legality of the challenged law or regulation, without involving itself in the conditions and procedures of the incidental plea, which should remain within the jurisdiction of substantive courts only.

Keywords: incidental plea, constitutionality of laws and regulations, Constitutional Court, public rights and freedoms.

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