This article aims at defining the role of constitutional courts in protecting the fundamental human rights of individuals, by relating the importance of constitutional judicial review and the established international standards related to the way it is performed. The study also provides an in-depth analysis of the structure and working mechanism of the new constitutional court in Jordan with regard to its main functions described in the constitution of providing oversight of the constitutionality of laws and regulations in power, and interpreting provisions of the constitution. The study concludes that current statutory provisions with respect to the court proceedings and the method of undertaking its judicial work serve as safeguards that strengthen the role of the court in promoting individuals' human rights. The study defines a vision of what is anticipated from the new constitutional court of Jordan and other courts in the field of defending human rights from the contemporary threats the world is facing, which only serve to increase fears among individuals that their basic rights are subject to serious attacks and violations.

Domestic violence is one of the most important obstacles to the promotion and protection of human rights in the regionally and globally, particularly given the nature of this phenomenon and the problems that accompany it, as well as the difficulty of disclosure, and the multiplicity of legal, social and economic causes that prevent prosecution in some cases. This situation necessarily entails the continuation of national, regional and international efforts to eradicate the scourge of domestic violence in all its forms and manifestations, from the basic understanding that practicing violence cannot be justified under any circumstances. Jordan, like other countries of the world, has undertaken a number of procedural, administrative, judicial and legislative measures to combat and eliminate the phenomenon of domestic violence.

This article addresses the issue of protection against domestic violence in both Jordanian law and international conventions. It does so by defining domestic violence and its various causes and by exploring the relevant global standards and best international practices for combating it. The article also deals with the reality of protection against domestic violence in Jordan by referring to the special protection of the family and to the related follow-up by national and governmental institutions, and the relevant national standards. The Law Regarding Protection from Domestic Violence (Law No. 6/2008) contains protective provisions and other treatments to reduce this phenomenon, but it fails to provide optimal protection against domestic violence. The article proposes a set of recommendations to improve national standards for protection against domestic violence so that Jordan’s laws concerning protection against domestic violence conform to international standards.

This article examines the constitutionality of the Law of Election to the Jordanian House of Deputies No. (9) for 2010. This law was introduced as a Provisional Law by the Executive, owing to the absence of legislative authority. The power of the Executive to decree provisional laws is constitutionally recognised; nevertheless, specific conditions in Article 94 of the Jordanian Constitution still apply. The Provisional Law of Election raises concerns regarding its adherence to the provision of Article 94, which makes its compliance with the Constitution questionable. Therefore, this article examines to what extent the conditions of Article 94 apply to the new Law of Election so that, in the event that one or more of the conditions are missing, the law should be deemed unconstitutional. This article concludes that the condition of ‘a state of necessity’ is not applicable, and, as such, the new Law of Election could be classified as unconstitutional.

This article comprehensively examines the 1999 recommendation of the Tunisian government to create an International Constitutional Court that is designed to enhance the principles of democracy and human rights and to strengthen the constitutional doctrine which states that the people are the source of authority in a given country. This proposal, which was strongly advocated by former Tunisian President Mohamed Moncef Marzouki during his term in office, aims to underscore the importance of establishing an international judicial entity and analysing its bylaws with respect to its terms and conditions, formation, jurisdiction, and selection of judges. The article traces the trajectory of the movement, from the proposal stage to the latest developments in formally establishing the international judicial entity. Finally, the article identifies various possible difficulties and challenges that are likely to stand in the way of implementing the proposal.