Constitutional obligations to protect human rights in Jordan in light of international standards

Abstract

This study examines the constitutional protection of human rights in the Hashemite Kingdom of Jordan and its interaction with international obligations stemming from law-making conventions and treaties. The core research problem lies in assessing the adequacy and responsiveness of national constitutional provisions to international standards, alongside identifying the legal status of international agreements within the legislative hierarchy in light of explicit constitutional silence. Utilizing an analytical and comparative methodology, the paper analyzes the 1952 Jordanian Constitution and its amendments, as well as the jurisprudence of both the Constitutional Court and the Court of Cassation. The study concludes that while the Jordanian judiciary has successfully established the principle of the supremacy of international treaties over ordinary laws, the constitutional framework still requires an explicit provision to definitively settle the rank of treaties and enhance the procedural efficacy of constitutional review.