The Evolution of the referral In the Jordanian constitutional system\ A comparative study

Abstract

This study deals with the development of referral in the Jordanian constitutional system, which is one of the most critical aspects of constitutional oversight exercised by the Constitutional Court over the laws and regulations in force in light of the constitutional amendments of 2022. Where this study deals with the concept of referral in the Jordanian constitutional system and the trends of the Jordanian Court of Cassation in estimating the referral before these amendments, whether the defence of unconstitutionality was received in the form of a double referral or was directly in front of it, as well as standing on the aspects of the evolution of the referral system in light of its transformation from a double referral to a single referral. Is it permissible for the subject judge to address the unconstitutionality of his own accord when deciding the dispute before him? This study also sought to identify the constitutional court’s control over the elements and components of seriousness and personal interest in referral decisions. Finally, this study concluded a set of results, the most important of which was that double referral was the general characteristic of referral in the Jordanian constitutional judiciary before the constitutional amendments of 2022, and then transforming it to a single referral despite the existence of that type of referral when the unconstitutionality was first argued before the Court of Cassation or the Supreme Justice.