Freedom of expression under the Jordanian constitution: a critical analysis
Freedom of expression in Jordan is a problematic issue reported by international and national human rights organizations. This is due to the arrest and trials of individuals and journalists for publishing information or comments. These trials were based on legal provisions that impose limitations o...
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| Format: | Thesis |
| Language: | eng eng eng |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://etd.uum.edu.my/8414/1/s99078_01.pdf https://etd.uum.edu.my/8414/2/s99078_02.pdf https://etd.uum.edu.my/8414/3/s99078_references.docx |
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| Summary: | Freedom of expression in Jordan is a problematic issue reported by international and national human rights organizations. This is due to the arrest and trials of individuals
and journalists for publishing information or comments. These trials were based on legal provisions that impose limitations on the freedom of expression. Through combining the doctrinal and socio-legal research approaches, this study critically
analyses the guarantees and limitations of this freedom as well as the role of the Jordanian Constitutional Court in monitoring the constitutionality of these limitations. The researcher used two types of data collection methods: doctrinal approach and
semi-structured interview. This study included interviews with 12 respondents in this area. The study concludes that freedom of expression in Jordan is violated and that the reason for this violation is lack of actual guarantees for this freedom, as the role of the Parliament is not activated, which has led to the domination of the Government on the function of legislation. In addition, the Judiciary has been neutralized from the
consideration of issues related to freedom of expression through the establishment of the State Security Court as a special court to deal with these issues. Weakening the role of Parliament in legislation and the dominance of the Government on this function has led to the enactment of laws that contradict the essence of the freedom of expression, which has been vaguely worded and loosely interpreted. With regard to
the Constitutional Court, the Constitution and the legal provisions governing its working mechanism and formation prevent it from exercising effective controls over these laws. The study recommends amendments to be made to the Jordanian Constitution with the aim of enhancing the guarantees on freedom of expression and making the legislation clear and specific, so that it cannot be loosely interpreted. |
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