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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Main Author:	Toubat, Hazem Suleiman Ahmed
Format:	Thesis
Language:	eng eng eng
Published:	2018
Subjects:	JC Political theory
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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id	my-uum-etd.8414
record_format	uketd_dc
spelling	my-uum-etd.84142021-11-22T02:00:10Z Freedom of expression under the Jordanian constitution: a critical analysis 2018 Toubat, Hazem Suleiman Ahmed Halim, Rohizan Mohamad Yusoff, Zuryati Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government JC Political theory 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. 2018 Thesis https://etd.uum.edu.my/8414/ https://etd.uum.edu.my/8414/1/s99078_01.pdf text eng 2021-07-31 public https://etd.uum.edu.my/8414/2/s99078_02.pdf text eng public https://etd.uum.edu.my/8414/3/s99078_references.docx text eng public other doctoral Universiti Utara Malaysia
institution	Universiti Utara Malaysia
collection	UUM ETD
language	eng eng eng
advisor	Halim, Rohizan Mohamad Yusoff, Zuryati
topic	JC Political theory
spellingShingle	JC Political theory Toubat, Hazem Suleiman Ahmed Freedom of expression under the Jordanian constitution: a critical analysis
description	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.
format	Thesis
qualification_name	other
qualification_level	Doctorate
author	Toubat, Hazem Suleiman Ahmed
author_facet	Toubat, Hazem Suleiman Ahmed
author_sort	Toubat, Hazem Suleiman Ahmed
title	Freedom of expression under the Jordanian constitution: a critical analysis
title_short	Freedom of expression under the Jordanian constitution: a critical analysis
title_full	Freedom of expression under the Jordanian constitution: a critical analysis
title_fullStr	Freedom of expression under the Jordanian constitution: a critical analysis
title_full_unstemmed	Freedom of expression under the Jordanian constitution: a critical analysis
title_sort	freedom of expression under the jordanian constitution: a critical analysis
granting_institution	Universiti Utara Malaysia
granting_department	Ghazali Shafie Graduate School of Government
publishDate	2018
url	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
_version_	1747828387830824960

Freedom of expression under the Jordanian constitution: a critical analysis

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