The Commitments of Legislative and Executive Authorities in Enforcing Constitutional Court Judgments
摘要
This study seeks to provide insights into the matter of legislative and executive commitments in enforcing the judgments of the constitutional court. It places particular emphasis on evaluating the effectiveness of Article 59 of the Jordanian Constitution and Article 15 of the Constitutional Court Law. The study is structured into two primary sections, with the initial one delving into a detailed discussion on the obligations of the legislative authority when it comes to enforcing constitutional court judgments. The second section then shifts its focus towards examining the responsibilities of the executive authority in carrying out this enforcement process. The study takes a descriptive approach, outlining important legal texts. It uses an analytical method to carefully examine legal texts and judgments issued by constitutional courts. Moreover, the researchers employ a comparative method to highlight the position of the Jordanian and Egyptian constitutional judiciary on this matter. The study draws several conclusions, one of which is that the Jordanian constitutional legislator did not grant the constitutional court the authority to compel the executive and legislative authorities to comply with its judgments. As a recommendation, it is suggested that the constitutional legislator add a clause to Paragraph A of Article 15 of the Constitutional Court Law ‘without delay’. This clause should specify a certain period for necessary actions to become “final and binding on all authorities and entities without delay, with the court determining a specific timeframe for enforcing the impact of the issued judgment.”