Provisions of deciding the validity of Jordanian Parliament Membership Pursuant according to the Jordanian Constitutional Amendments of 2011
Keywords:
Election, parliament, validation of membershipAbstract
Democratic countries strive to embody the principle of election integrity by several means, including the authority supervising the electoral process, and defining the authority competent to adjudicate the validity of membership so that it is a free expression of the will of the electorate. The study aims to reveal the consistency of the determination of the competent authority to decide on the validity of membership and its repercussions on the integrity of the election. The study adopted the legal approach based on combining the descriptive method with the analytical method based on the analysis of legal texts related to the subject of the study based on judicial rulings and jurisprudence opinions related to the subject. The study found that the practical reality in the practice of adjudicating the validity of the membership of members of the Jordanian House of Representatives before the amendment of the Constitution in 2011 indicates the futility and effectiveness of that practice; due to the lack of impartiality required in this jurisdiction. However, it also found that there is a positive shift in assigning the decision on the validity of membership from the Parliament to the judiciary represented by the Court of Appeal, and its reflection on the integrity of the electoral process. The study recommended that it is better to assign this jurisdiction to the administrative judiciary. This is because a dismissal appeal is a common law dispute in nature.
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References
Abdul Sattar, F. (1993). Revocation of the membership of the members of the People's Assembly. People's Assembly Journal, 4(2).
Adaileh, A. (2011). Judging in the validity of the membership of parliamentarians: a comparative study, Jordan and France. Mutah Journal of Research and Studies, 3(4).
Afifi, K. (2000). Parliamentary elections and their constitutional and legal guarantees. Unpublished PhD thesis, Cairo University.
Al-Dhahabi, M. (2006). Judging the validity of the membership of parliamentarians: a comparative study. Cairo: Arab Renaissance House.
Al-Faili, M. H. (1997). Attitudes of the Kuwaiti judiciary in the appeals related to the elections of the National Assembly. Kuwaiti Law Journal, 21(3).
Ali, M. P. (1984). Jurisdiction to adjudicate parliamentary electoral appeals: A study in the light of Egyptian and comparative constitutional law. Alqudah Magazine, June.
Al-Sagheer, M. (2001). Deciding on the validity of the membership of Parliament. Unpublished PhD thesis, Ain Shams University, Egypt.
Al-Shaer, R. I. (1994). Ideologies and their impact on contemporary political systems. Cairo: Ain Shams University Press.
Al-Tabtabaei, A. (1985). The constitutional system in Kuwait: a comparative study. Kuwait: House of Science.
Arslan, A. (2008). Jurisdiction to decide on the validity of parliamentary membership and the limits of the People’s Assembly’s competence. Cairo: Arab Renaissance House.
Duguit, L. (1924). Traite de droit constitutional. Paris.
Elshawi, M. (D.S.). Constitutional law. Baghdad: Legal Research Publications.
Esmain, A. (n. d.). Elements de droit constitution Francais et comkpare.
Fawzy, P. (1985). Electoral systems and procedures: a comparative study. Cairo: Arab Renaissance House.
Fikri, F. (1994). The permissibility to combine parliamentary membership with other activities. Cairo: Arab Renaissance House.
Ghaly, K. (1968). Principles of constitutional law and political systems. Damascus: Damascus University Press.
Hassan, A. (1968). Principles of the constitutional system in Kuwait. Cairo: Arab Renaissance House.
Jamal Al-Din, S. (2005). Political systems and constitutional law. Alexandria: Knowledge facility.
Khulqi, I. (1999). Guarantees of parliament membership. Unpublished PhD thesis, Cairo University.
Leela, M. K. (1967). Oversight of management's work. Cairo: Arab Thought House, Cairo.
Naqshbandi, S. (2019). Organizing the Jordanian legislator to invalidate the membership of members of the House of Representatives. Dirasat: Shari’a and Law Sciences, 46(1). Retrieved from: https://archives.ju.edu.jo/index.php/law/article/view/103638.
Qbailat, H., & Halsas, A. (2011). Jurisdiction to decide on the validity of the membership of parliaments: An applied comparative study on the Jordanian constitution. Gulf University Journal, 3(2).
Senussi, P. M. (2000). Jurisdiction to adjudicate the validity of parliamentary membership. Cairo: Arab Renaissance House.
Shiha, E. (2005). Al-Wajeez for political system and constitutional law. Beirut: University House.
Legislation and Court Rulings
Egyptian constitutions of 1971, 2014.
Jordanian Election Law 2016
Rulings of the Jordanian Court of Appeal in electoral appeals.
The Jordanian Constitution of 1952.
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