Constitutional jurisdiction under scrutiny
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- Published: June 4, 2025
How can constitutional norms be interpreted reliably and systematically? What methods are used to do this? And what role does social change play in case law?
These questions were the focus of a symposium held on 14 May 2025 in Amman, where judges from the Jordanian Constitutional Court joined Prof Dr Michael Eichberger, former judge at the Federal Constitutional Court, to examine key aspects of constitutional interpretation and decision-making.
The Court itself is still young – it was established in 2012 as part of constitutional reform to enable independent constitutional review for the first time. Since then, the IRZ has been advising the Jordanian Constitutional Court on various constitutional issues – always in an open and trusting exchange.
The expert presentations focused on the methodological foundations of constitutional interpretation – including teleological, systematic and historical approaches to interpretation – and their concrete application in case law.
A second priority was the practice of decision-making: How does a specific case develop into a constitutional court decision? What influence do precedents have? And how can social developments be integrated into the decision-making process? The influence of changing family values on the case-law of the Federal Constitutional Court and the Federal Constitutional Court's rulings on the wearing of headscarves were the subject of lively discussion.
The active role played by the President of the Jordanian Constitutional Court, Judge Mohammad Al Ghazo, who enriched the discussion with his insightful contributions, was particularly gratifying. The atmosphere was open and collegial – a good basis for professional exchange.
While the topic of constitutional interpretation was dealt with comprehensively, the IRZ sees further potential for in-depth events on the practice of decision-making, in particular on different forms of constitutional court decisions – for example on nullity, ex nunc or ex tunc effect, or legislative deadlines.
