Constitutional amendments issued on 1-10-2011 approved a special chapter for establishing the Constitutional Court in Articles 58, 59, 60 and 61, Law number 15 for the year 2012 where Article number 58 of the Constitutional amendments states that “Be established by law a constitutional Court based in the capital considered as an independent judicial body stands alone and consisting of nine members at least including the chairman of the court appointed by his Majesty”.
His majesty, in his instructions to the Royal Commission to amend the constitution, emphasized the creation of the Constitutional Court in order to play its important role in the process of reform, and to be a major step to promote the principle of separation between powers and authorities, stopping the predominance of each of authority over the other and defending the people’s liberties and rights as stated in the provisions of the constitution especially after its amendments which are compatible with the international standards of exercising these rights and freedoms. The Royal Decree was issued appointing the following names as a chairman and members of the first Constitutional Court in the kingdom on 6-10-2012 in front of his Majesty.
The court began its tasks since 6-10-2012 and is still, in addition to being a prominent constitutional entitlement, the Constitutional Court is considered as a cultural monument and a prominent station of the comprehensive and gradual reform stations led by his Majesty King Abdullah since before the start of the Arab Spring, the Constitutional Court is an independent body that stands alone and its provisions take effect and its judges are independent. The Constitutional Court derives its strength from the constitution which protects it and the Constitutional Court protects the constitution.
If we take a look at the members of the Constitution Court, we see that they are competent and have long experience also they have bright minds and are able to take the appropriate decisions concerning the issues that referred to the court whether to interpret the constitution or the issuance the required provisions for authorities that have the right to appeal directly to the court on the constitutionality of laws and regulations and the interpretation of provisions of the constitution, those authorities are:
- House of Representatives
- Council of Ministers/ Cabinets
Also, any party of the pending case parties has the right, in different and levels of courts, to state the unconstitutionality of any law or regulation that applicable to the merits of the case in accordance with the assets that specified in the Constitutional Court laws.
The Constitutional Court decides on the appeal assigned to it within a period not exceeding one hundred and twenty days from the date of the referral decision and the court has the right to ask for any data or information which deems necessary for it.
The court issued its decisions in the name of the King and the provisions issued by the court are final and binding to all the authorities.
[Original Source] AACC SRD - AACC member information