Jordan 1952 Constitution (reviewed 2016)

CHAPTER 5. Constitutional Court

Article 58

1.

A Constitutional Court shall be established – by a law – the headquarters of which shall be in the Capital; shall be considered as an independent and separate judicial body; and shall be composed of nine members at least inclusive of the President, to be appointed by the King.

1. The term of membership in the Constitutional Court shall be six years non-renewable.

Article 59

1. The Constitutional Court shall have the competence of oversight on the constitutionality of the applicable laws and regulations and its judgments shall be issued in the name of the King; its judgments shall be final and binding on all authorities and on all; its judgments shall as well be effective immediately unless the judgment specifies another date for its effectiveness; the judgments of the Constitutional Court shall be published in the Official Gazette within fifteen days of the date of their issuance.
2. The Constitutional Court shall have the right to interpret the provisions of the Constitution if such is requested therefrom by a decision issued by the Council of Ministers or by a decision taken by either House of the Parliament by majority; its decision shall be effective after its publication in the Official Gazette.

Article 60

1.

The following entities – for limitation – shall the right to directly challenge at the Constitutional Court the constitutionality of the applicable laws and regulations:

1. The Senate.
2. The House of Representatives.
3. The Council of Ministers.

1. In the case viewed by courts, any of the parties of the case may raise the issue of the non-constitutionality; the court shall – if it finds that the plea is serious – refer it to the court specified by the law for the purposes of the determination of its referral to the Constitutional Court.

Article 61

1. A member of the Constitutional Court shall meet the following conditions:
   1. To be Jordanian and does not hold the nationality of another state.
   2. To have reached fifty years of age.
   3. To be of those who served as judges in the Court of Cassation and the High Court of Justice, or of the professors of law in universities who hold the rank of professor ; or of the lawyers who spent a period of not less than fifteen years in the practice of law; and of the specialists to whom the conditions of membership in the Senate apply.
2. The President and Members of the Constitutional Court shall prior to assuming their functions take – before the King – an oath the text of which is:”I swear by Almighty God to be loyal to the King and the country, to uphold the Constitution, to serve the Nation, and to honestly perform the duties entrusted to me”.
3. The law shall specify the work method of the Court; its administration; the manner of appeal before it; and all the affairs related thereto and to its procedures, judgments and decisions; it shall assume its functions after the law related thereto comes into effect; the law shall indicate the rights of its members and their immunity.