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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:English
English
English
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
https://etd.uum.edu.my/8414/
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spelling my.uum.etd.84142021-11-22T02:00:10Z https://etd.uum.edu.my/8414/ Freedom of expression under the Jordanian constitution: a critical analysis Toubat, Hazem Suleiman Ahmed 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 NonPeerReviewed text en https://etd.uum.edu.my/8414/1/s99078_01.pdf text en https://etd.uum.edu.my/8414/2/s99078_02.pdf text en https://etd.uum.edu.my/8414/3/s99078_references.docx Toubat, Hazem Suleiman Ahmed (2018) Freedom of expression under the Jordanian constitution: a critical analysis. Doctoral thesis, Universiti Utara Malaysia.
institution Universiti Utara Malaysia
building UUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Utara Malaysia
content_source UUM Electronic Theses
url_provider http://etd.uum.edu.my/
language English
English
English
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
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
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
https://etd.uum.edu.my/8414/
_version_ 1718928656353460224
score 13.211869

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