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The Constitutional Court of Jordan and its relation to ordinary courts

100%

Elkhatib N. A. , Domour N. M.

nr 4

691-696

The principle of the supremacy of the Constitution is universal adopted by most international constitutions, including the Jordanian constitution. The latter requires a certain legal mechanism to protect it which is conducted by overseeing the constitutionality of laws. Ordinary courts controlled the constitutionality of laws under Jordan’s 1952 Constitution, but they were only a no-action oversight. This was the case until the Constitutional Court was established on 6th October 2012 to oversee the constitutionality of the laws and regulations and to interpret the provisions of the Constitution. The relationship between ordinary courts and the control over the constitutionality of the laws has not been severed, as the Constitution and the Constitutional Court Law have maintained this relationship. The latter begins with the case court referring any plea of unconstitutionality to the Court of Cassation, which in turn refers it to the Constitutional Court if it deems that the plea is serious and fulfills its formal and objective conditions. Consequently, the ordinary judiciary (ordinary courts) remained the necessary link between the person who has an interest in the substantive case and the Constitutional Court, which does not accept any direct appeal except from official bodies exclusively specified by the constitution and the law, namely the Senate, Parliament and Council of Ministers. This calls for the adoption of a new mechanism that allows individuals to have direct access to the Constitutional Court in order to protect their constitutional rights.

Alternatywne metody rozstrzygania sporów w sprawach gospodarczych

51%

Leszczykiewicz T.

Roczniki Naukowe Wyższej Szkoły Bankowej w Toruniu

2012

nr 11

317-329

Commercial disputes are instances of crisis situations which may arise between collaborating companies. They are solved by ordinary courts (courts of general jurisdiction) in judicial proceedings (usually by a commercial law division) or through alternative methods, such as arbitration, mediation and settlement proceedings. Selecting between judicial proceedings and alternative resolution methods is an element of the crisis management in commercial disputes, taking into consideration the criteria implied by conditions of legal and economic char-acter, as well as those relating to reputational strategies of commercial operators in a dispute