accessibility

Judge Fayez Al-Hamarneh: Our decisions are independent and there is no pressure on us

Judge Fayez al-Hamarneh –who’s a member of the Constitutional Court – added that over the course of eight years, the court has taken about 19 interpretative decisions and to 35 rulings, all of which came with the conviction of the court, and was not pressured by any party to influence its decisions. On 8/2/2021, Judge Fayez Al-Hamarneh added that the end of the centenary of the Jordanian state witnessed a royal will to establish the Constitutional Court, which became the body that has the authority to monitor the laws in force, and issue a decision on any constitutional suspicion, and it has taken over the task that the High Council for the Interpretation of the Constitution held before 2011. He pointed out that its budget witnessed a relative decline in the last two years and now amounts to one million and 617 thousand dinars, which is insufficient if the powers granted to it are expanded, and it employs 50 employees subject to the civil service system in appointment, and the building in which it works is owned by it and sufficient. He pointed out that the powers to receive appeals to the court are limited to three bodies according to the law, namely the Council of Ministers, deputies and notables, and that expanding the list to include parties and unions is very important for the court. Al-Hamarneh pointed out that the court was established after amending the constitution, and the amendment stipulated the establishment of a constitutional court in Jordan, where His Majesty King Abdullah II sought for to submit to the court any text in which they see a constitutional doubt, because the court does not have the power to act on its own. He pointed out that the court's decisions are completely independent and without pressure, and judges keep in mind the constitution when discussing any decision or challenge a constitutional text, and the discussion takes place without pressure, acquiescence or discussion with anyone. He stressed that all parties don’t allow themselves to pressure the court or contact it to change a decision or ruling due to constitutional suspicion. He added that the authorities have the right to submit memoranda that the appeal is returned, and here its role ends and the role of the court begins, and the court is affiliated with His Majesty the King and no party has the right to monitor it. He pointed out that Jordan is a state of law and the state of law is subject to it. Therefore, no one can say that it will not abide by a decision issued by the court. No one can interfere with such confrontations and violations. Al-Hamarneh pointed to the need to support the library and provide it with books, and that technological development is the top priority of the next court, noting that the court's law prohibits work elsewhere. He pointed out that there is a need to raise awareness of the Constitutional Court, its work, decisions, rulings and implementation, and this role is not limited to the Court. Al-Hamarneh stressed that the court is exchanging experiences with the world and similar experiences, and there is a major international conference that will be held soon. He pointed out that any appeal received by the court must go through several stages, starting from the Court of Cassation if the appeal is from any court in the Kingdom, while the Council of Ministers, notables and deputies is submitted to the court directly. Al-Hamarneh said that the rulings and decisions of the court are made by the majority, and this is the approach of developed countries and the minority follows the majority, and the decision is issued in the name of everyone, and all opinions are discussed in the court's general body and in a confidential manner. He stressed that the basis for making decisions and rulings is based on constitutional suspicion. So, this suspicion may not remain. He pointed out that the court is open to all parties, especially in the stages of discussion on the adoption of laws and doesn’t mind providing advice to any party.

How do you rate the content of the page?