The Role of the Jordanian Court of Cassation in Overseeing the Validity of the Membership of Parliament Members

This study clarifies the Court of Cassation’s right and authority to exercise supervision over the legitimacy of members of the House of Representatives in accordance with Article 71 of the Jordanian Constitution revised in 2011. We divide this study into two parts, the first of which is dedicated to discussing the nature of parliamentary membership and trends determining its effectiveness. The second part focuses on the criteria for determining the validity of parliamentary membership and the role of judicial supervision in this context. In this study, we adopt a descriptive approach to the text of the Constitution and the Jordanian Electoral Law, which deal with provisions questioning the validity of the qualifications of members of the Jordanian House of Representatives. In addition to statements of constitutional jurisprudence, we examine these texts analytically. This study leads to several conclusions, the most important of which is that the type of oversight exercised by the Supreme Court in determining the validity of House members’ qualifications is legal oversight. The study recommends that entities that may be interested in expressly questioning the validity of a member of the House of Representatives need to be identified and limited to electors or candidates in the same constituency, or licensed electors or candidates. Kingdom’s political parties to coordinate challenge to rights with purpose of passing new Jordanian political parties law.