vol 21 no2,2021

The Seriousness of the Payment Unconstitutionality before the Trial Judge

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The Seriousness of the Payment Unconstitutionality before the Trial Judge

Abstract:

In order to protect the constitutionally guaranteed rights and freedoms of individuals, the Jordanian constitutional legislator has adopted the mechanism of defense of unconstitutionality, according to the constitutional amendment of 2011 in accordance with the text of Article 60 thereof, as well as in accordance with Article 11 of Constitutional Court Law No. 15 of 2012 that defines the conditions and procedures for the defense of unconstitutionality, similar to other legislation. The comparison in this field is the most prominent of the French legislation under the constitutional amendment of 2008. Citizens of the litigation have the right to argue that the legislative text is unconstitutional before the competent courts, which in turn raise the issue to the higher judicial authority to ascertain whether the payment is serious or not. In this research, we will shed light on the seriousness of the defense of unconstitutionality, and ensure its effectiveness by referring only serious defenses to the Constitutional Court or the Constitutional Council, after judicial authorities verify that the payment meets the formal and objective conditions and ensures its seriousness, and the extent to which the contested legislative text is linked to the essence of the dispute, as the seriousness of the argument allows for the rationalization of constitutional oversight.

Keywords:  The Defense of Unconstitutionality through Referral, Seriousness, the Constitutional Court, the Subject Judges, Judicial Referral, the Court of Cassation.

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