Definition of the Court

Constitutional amendments issued on 1-10-2011 approved a special chapter for establishing the Constitutional Court in Articles 58, 59, 60 and 61, Law number 15 for the year 2012 where Article number 58 of the Constitutional amendments states that “Be established by law a constitutional Court based in the capital considered as an independent judicial body stands alone and consisting of nine members at least including the chairman of the court appointed by his Majesty”. His majesty, in his instructions to the Royal Commission to amend the constitution, emphasized the creation of the Constitutional Court in order to play its important role in the process of reform, and to be a major step to promote the principle of separation between powers and authorities, stopping the predominance of each of authority over the other and defending the people’s liberties and rights as stated in the provisions of the constitution especially after its amendments which are compatible with the international standards of exercising these rights and freedoms. The Royal Decree was issued appointing the following names as a chairman and members of the first Constitutional Court in the kingdom; the members swear the Constitutional Oath on 6-10-2012 in front of his Majesty, they are:

His Excellency Mr. Taher Hikmat : Chairman

His Excellency Mr. Marwan Dudin : Member

His Excellency Mr. Fahed Nsoor : Member

His Excellency Mr. Ahmad Tbeishat : Member

His Excellency Mr. Kamel Al-Saeed : Member

His Excellency Mr. Fuad Sweidan : Member

His Excellency Mr. Yousef Hmoud : Member

His Excellency Mr. Abdulqader Tawarah : Member

His Excellency Mr. Mohmmad Ghazwi : Member

The court began its tasks since 6-10-2012 and is still, in addition to being a prominent constitutional entitlement, the Constitutional Court is considered as a cultural monument and a prominent station of the comprehensive and gradual reform stations led by his Majesty King Abdullah since before the start of the Arab Spring, the Constitutional Court is an independent body that stands alone and its provisions take effect and its judges are independent. The Constitutional Court derives its strength from the constitution which protects it and the Constitutional Court protects the constitution.

If we take a look at the members of the Constitution Court, we see that they are competent and have long experience also they have bright minds and are able to take the appropriate decisions concerning the issues that referred to the court whether to interpret the constitution or the issuance the required provisions for authorities that have the right to appeal directly to the court on the constitutionality of laws and regulations and the interpretation of provisions of the constitution, those authorities are:

Senate

House of Representatives

Council of Ministers/ Cabinets

Also, any party of the pending case parties has the right, in different and levels of courts, to state the unconstitutionality of any law or regulation that applicable to the merits of the case in accordance with the assets that specified in the Constitutional Court laws. The Constitutional Court decides on the appeal assigned to it within a period not exceeding one hundred and twenty days from the date of the referral decision and the court has the right to ask for any data or information which deems necessary for it.

The court issued its decisions in the name of the King and the provisions issued by the court are final and binding to all the authorities. On 6/10/2014, three new members were added to the formation of the Constitutional Court of Jordan in order to implement the Constitutional Provision which states “the need to add three members to the Constitutional Court two years after its formation” as follows:

Mr. Mansour Al-Hadidi

Dr. Khalaf Al-Raqad

Dr. Numan Al-Khatib

On 20/10/ 2016 the Royal Decree issued to appoint the following Judges members at the Constitutional Court of Jordan:

His Excellency Mr. Mohammed Al-Alawneh

Mr. Mohammed Mubeeden

Mr. Qasim Al- Momani

Mr. Fayez Jerys Al-Hamarneh

The Royal Decree issued to appoint His Excellency Mr. Hesham Faleh Al-Tal as chairman of the Constitutional Court of Jordan on 6 October, 2018 in addition of appointing two members: His Excellency Dr. Akram Aref Masaedah and His Excellency Mr. Mohammad Madallah Al- Mahadein.

It is noteworthy that the Constitution and the Law of the Constitutional Court—which was established as the merit of the constitutional amendments of 2012—state that the term of membership at the Constitutional Court is six years non-renewable.

Accordingly, the constitutional and legal period of the former President of the Constitutional Court, His Excellency, Mr.Taher Hikmat, and members of the Court, Fahd Abu Al-Ethem Al-Nisour, Ahmed Tabaishat, Dr. Kamel Al-Saeed, Fuad Suwaidan, Yousef Al-Hamoud, Dr. Abdul Qader Al-Taura, and Dr. Mohammad Al-Ghazawi ended. Whereas, before the end of his constitutional and legal period, Mr. Marwan Dudin moved to the mercy of God.

It is worth noting that the Law of the Constitutional Court provides the appointment of three new members every two years from the date of appointment of the first members of the Court. The court includes the current membership of Mansour Al-Hadidi, Dr. Noman Khatib, Mohammed Dweib, Mohammed Alawneh, Mohammed Mbaidin, Qasim Momani and Fayez Hamarneh in addition to the new members.

Need a little help?