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The Journal of Applied Science University
An International Journal


Volumes > Vol. 05 > No. 1


Conditions that must be met in Challenging the Subsidiary Plea of Unconstitutionality of Laws and by-Laws in Jordan

PP: 59-73
Osama Ahmad Alhanaineh, Alaa Mohammad Alhelalat,
This study tackles the conditions pertinent to the successful submission of the unconstitutionality of laws and regulations in Jordan. Submissions against the constitutionality of laws and regulations require that an active substantive suit is pending before the courts, whereby such suit has at its subject matter the application of the sought against law or regulation. The current framework currently in existence in Jordan allows an aggrieved party in court proceedings to submit such challenge, which could be transferred by the primary courts to the higher courts and then to the constitutional court for consideration. However, said submissions require certain conditions to be met. My study concerns those requirements, which include locus standi, proper standing, grievance and seriousness of challenge for the petitioner. Courts are too bound by other objective tests including issues of the determination of the correct standing of the petitioner and other conditions on form in order to evaluate whether or not such challenges are admissible.

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