The Role of the Jordanian Constitutional Legislator in Protecting the Essence of Right A Comparative study.

BALTIC JOURNAL OF LAW & POLITICSز Warsaw, Poland.VOLUME (16( NUMBER (3). 2023

Abstract

      International instruments and universal constitutions have guaranteed the essence of the right and freedom against any infringement or derogation from it. The law regulating rights and freedoms and establishing its controls may not undermine the substance of those rights and freedoms, as this loses the value of their constitutional enshrinement. The essence of the right and freedom are different from the right and freedom itself, so there can be no interest in that substance or derogation from it under any pretext.

     The study was divided into two sections: the first dealt with the essence of the right and the second dealt with the constitutional guarantee of the essence of the right, the study aimed to demonstrate Jordan's constitutional and German legislators' position on the substance of fundamental rights.

     The study concluded that each of them had given protection to the essence of right and freedom, the constitutional texts of which had been guaranteed, although the German constitutional legislature in article 18 of the Basic Law had authorized the loss of certain rights. The study recommended that the Jordanian judiciary should devote its supervision to the essence of the right and that the role of jurisprudence in studies on the subject should be activated.