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The Exeptio Constitutional As A Way For The Consideration In Lawsuits In Jordan
[Full Text]
AUTHOR(S)
Dr. Omar AL-Khataibeh, Dr. Firas AL- Labady
KEYWORDS
Index Terms: the Exceptio Constitutional, The constitutional lawsuit, The Constitutional Court, the Cassation Court, Judicial Authority
ABSTRACT
Abstract: The Exceptio Constitutional method appears as a form of connection of the Constitutional Court of the constitutional lawsuit, When there is a case pending in front the trial court and intended to be applied to the text of the law, and one of the dispute parties see is unconstitutional, then he Exceptio Constitutional to trial court, and he will appreciates the seriousness of this Exceptio, The Exceptio is an objective exception it can be raised at any stage of the proceedings to exceptio which related to public system as it the trial court can be exposed on its own. As result for this paper; prevent individuals to resort directly to the Constitutional Court to appeal the constitutionality of any law or regulation, and Jordanian legislator suspended referral exceptio Constitutional that raised front of the trial court to accept the Court of Cassation, which considered it by the law that it have the right to accept or reject the exceptio Constitutional. And here the researcher recommend to Amend the Article (9) of the Law of the Constitutional Court regarding with the aspects entitled to appeal directly to the Court on the constitutionality of laws and regulations by adding a paragraph authorizing individual personal interest directly appeal to the Constitutional Court. In other words to be appeal by the original case in addition to the other four methods, and issue text with a few guarantees to not abused this right by the plaintiffs and the exhaustion of the Constitutional Court. And don’t leave the subject of referral the exceptio Constitutional under Cassation Court responsibility.
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