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The constitution must be a living work capable of evolving with the development of society, and the legislator has the right to take new legislative measures that were considered contrary to the constitution years ago. In this research, we will show the position of jurisprudence and the Jordanian and comparative constitutional judiciary regarding the permissibility of abandoning the provisions of the constitution.
The constitutional lawsuit is a concrete lawsuit that focuses on specific legal provisions, and that the opponent in the constitutional lawsuit is not one of the parties to the lawsuit, but is the legal text as long as it is applicable in any part of the constitutional lawsuit, even if it relates to a procedural aspect of the lawsuit.
Non-compliance of the Constitutional Court with the decisions and rulings issued by them in the constitutional cases before it, which means the possibility of reconsidering those cases that have already been adjudicated, and the consequent possibility of reversing the previous rulings and contradictions in the rulings, which weakens confidence in the fairness of the constitutional judiciary , which is inconsistent with the authoritative nature of the rulings issued in the constitutional case, as they are final rulings that cannot be appealed in any way.

Article Details

Constitutional Law
Author Biography


Hashim Ahmad Mohammad Balas

Ajloun National Univrsity


First: the laws

The Jordanian Constitution.

The Jordanian Constitutional Court Law.

Second: books

Al-Sharif, Aziza, The Egyptian Constitutional Judiciary, Dar Al-Nahda Al-Arabiya, Cairo, 1990.

Al-Sheikh, Esmat Abdullah, The extent of the independence of the judiciary in the matter of monitoring the constitutionality of legislation, Dar Al-Nahda Al-Arabiya, Egypt, 2013.

Al-Salhi, Maha Bahjat, Judging the unconstitutionality of a legislative text and its role in strengthening the rule of law: a comparative study, Baghdad, Iraq, World of Wisdom Series, 2019.

Shukr, Zuhair, The Mediator in Lebanese Constitutional Law, The Emergence and Path of the Constitutional Political System, Theory Part One, Al-Halabi Publications, Beirut, 2006.

Shiha, Ibrahim Abdel Aziz, Al-Wajeez in Political Systems and Constitutional Law, An Analytical Study, New University House for Printing and Publishing, Beirut, 1983.

Eid, Sayed Refaat, Al-Wajeez in the Constitutional Case, 1st Edition, Dar Al-Nahda Al-Arabiya, Egypt, 2004.

Karp, Robert A., Judicial procedures in America, translated by: Alaa Abu Zaid, Cairo, The Egyptian Association for the Spread of Knowledge and Culture, 2009.

Al-Khatib, Noman, Al-Wafi in the Constitutional System, House of Culture for Distribution and Publishing, Amman, 2022.

Third: University theses

Al-Assaf, Ali Muhammad Abd Rabbo, and Shatnawi, Faisal Aqla Khattar, The Authenticity of the Judgment Issued in the Constitutional Case and the Time Range for its Implementation: A Comparative Study (Unpublished PhD Thesis). International Islamic Sciences University, Amman, 2018.

Fourth: Journals and Research

Abul-Magd, Ahmed Kamal.. The Warren Court and Public Liberties: An Analysis of the Judiciary of the US Supreme Court from 1953 to 1968. Journal of Law and Economics, Vol. 41, p. 1, 2, (1971).

Ahmad, A. Y. Bani ahmad , (2019). Empirical Analysis on Accounting Information System Usage in Banking Sector in Jordan. Academy of Accounting and Financial Studies Journal, 23(5), 1-9.

Abul-Magd, Ahmed Kamal, The role of the Supreme Constitutional Court in the political and legal systems in Egypt, Part Two, The Constitutional Journal, Issue Two, Year One, 2003.

Abu Azzam, Saddam, and Al-Momani, Moaz Muhammad, The Constitutional Judiciary in Jordan: An Analytical View, Amman, Friedrich Ebert-Stiftung, 2020.

Al-Hatamleh, Salim, and Al-Shatnawi, Faisal, Judicial control over the constitutionality of laws and regulations before the Constitutional Court in Jordan, Journal of Sharia and Law Studies, University of Jordan, Issue 40, Volume 2, 2013

Khan, Y.; Su’ud, M.B.M.; Alam, M.M.; Ahmad, S.F.; Ahmad (Ayassrah), A.Y.A.B.; Khan, N. Application of Internet of Things (IoT) in Sustainable Supply Chain Management. Sustainability 2023, 15, 694. su15010694

Fifth: Judgment decisions

Interpretation Decision No. (8) of 2013 issued by the Constitutional Court, Official Gazette No. 5264, Publication date: 16/1/2014.