Purpose On two different occasions, the Jordanian Constitutional Court has ruled that Articles 51 and 54 of the Jordanian Arbitration Act no. 31 of the year 2001 are unconstitutional and null. In view of this, this paper aims to attempt to give the reader a brief preview of the Jordanian Arbitration Act, the Jordanian Constitution and the Jordanian Constitutional Court. It also highlights and critically analyzes the Jordanian Constitutional Court two decisions pertaining to the Arbitration Act and its special implications in this regard from the perspective of arbitration law and the distinct characteristics embedded in it. Design/methodology/approach To examine how effective is the approach followed by the Constitutional Court in ruling the unconstitutionality of the aforementioned Articles, this work makes use of the primary and secondary data available in this regard as the main method to complete such an examination. By critically analyzing and comparing the various data contained in these sources, this work identifies the problems associated with such decisions. Findings This work submits that while the Constitutional Court has rested its rulings largely on constitutional principles, concerns arising from the Arbitration Act perspective have not been dealt with adequately by the Court. Furthermore, it argues that while the principles of the constitution shall be respected, the distinct characteristics of the arbitration law warrant a more careful approach than actually followed by the Court. Originality/value Taking into consideration the importance of arbitration as an alternative mean for dispute resolution, the Jordanian legislator has addressed the application of arbitration as early as the year 1953. However, while the Constitutional Court’s questionable approach to the aforementioned articles would necessarily hinder the use of arbitration, no comprehensive scholarly work has either examined such approach or addressed its implications. Accordingly, this work derives its originality and value from being the first of its kind to examine and address such a matter.
This study examines the extent to which Jordan is committed to principles of compulsory and free basic education, by analyzing legislation in light of constitutional and international standards regarding the right to education. Methodology includes quantitative assessment of these principles using a questionnaire distributed to students and their teachers in a number of public schools in three Jordanian governorates. Three focus group sessions composed of students and their teachers were held. The study suggests that, whilst the Jordanian Constitution has explicitly adopted such principles, Jordanian law yet includes provisions that diminish providing free basic education to all children of compulsory age and that mitigate the number of students who drop out of school. This study proposes amending the title of Chapter II of the Constitution and Article 20 to ensure that all children living in Jordan enjoy the right to education.
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