Prof. Dr. Laith Kamal Nasrawin
Professor of Constitutional Law
Faculty of Law, Jordan University

Abstract:

This study dealt with the legal rules for litigation procedures before constitutional courts in both the Kingdom of Jordan and the State of Kuwait, which are considered a guarantee for the protection of the principle of legality. The focus was on the two elements of time and procedures followed before the constitutional courts in contemporary legislation. They were compared with the historical procedural principles related to constitutional oversight as established by US courts. Regarding the element of time, the legal provisions relating to the time for submitting defenses of unconstitutionality raised by individuals before the trial courts of all kinds and degrees were highlighted, in addition to the provisions related to direct appeal to the Constitutional Court, which proves constitutional powers on the side of individuals in some comparative systems.
With regard to the procedure component, the study dealt with the legal provisions related to the procedures for submitting defenses of unconstitutionality and referring them to the Constitutional Court, and those procedures related to the adjudication of the constitutional case and the issuance of a final judgment in it where a comparison was made between the legal texts regulating the principles of litigation before the constitutional judiciary in the Kingdom of Jordan with the State of Kuwait compared to the historical rooting of constitutional supervision, with the aim of reaching results related to the improvement of legal texts in national legislation related to constitutional litigation procedures.

Keywords: US High Supreme Court, constitutional oversight, defense of unconstitutionality, direct appeal of unconstitutionality, referral to the constitutional court.

Read Full PDF Text (Arabic)