Constitutional Review Criteria: An Analysis of the Legislative Framework and Jurisprudence of the Jordanian Constitutional Court

Abstract

The Constitutional Court in Jordan specializes in overseeing the constitutionality of legislation under specific conditions. This study aims to clarify the limits of this oversight by analyzing the legislative framework governing the conditions for texts subject to the court's review and the court's application of these conditions in its rulings. The study employs an analytical approach and concludes with several key findings, most notably that the court does not review repealed laws and regulations, even if they are applicable in cases before the courts. Additionally, the court does not review the constitutionality of subsidiary legislation. The study recommends the need to interpret Article (59) of the Constitution in a way that aligns the court's jurisdiction with the philosophy of constitutional oversight and other constitutional provisions.