CYIL vol. 11 (2020)

CYIL 11 (2020) CONSTITUTION AND PRIVATE INTERNATIONAL LAW… Finally, it is important to mention that the Jordanian legal system has not authorized the recourse of constitutionality against the judicial decisions. It can be desirable that the Constitution includes provisions, as in Belgium 50 , allowing the Courts to submit to the Constitutional Court a preliminary interpretational question of a higher standard involved in the resolution of the dispute. Conclusion The current private international law in Jordan is complicated as a consequence of a history of foreign rule, and the fact that Jordan has diverse legal traditions (religious law and civil law). In light of the current status prescribed by certain legal provisions pertaining to the issues of the constitutional status of the foreigners, the Jordanian nationality, the rules on conflict of laws, it seems that the Jordanian private international law is a merely an image of the domestic law. This is illustrated by the fact that this law considers the national over the foreigner, the husband over the wife, and the father over the mother. The absence of international human rights conventions, and the fact that the legislator shows no willingness to incorporate certain norms of public international law into the Constitution, aggravates the situation. The national reality is therefore distinct and far from the international reality. Updating the Jordanian private international law through the jurisprudence is therefore a typical solution supported by legislative provisions as provided in Article 103 of the Constitution and Article 25 of the Civil Code. Although the case law has not yet addressed several issues, mainly of the constitutional rank, and despite the fact that the Jordanian Constitutional Court created in 2012 have not the jurisdiction to consider the courts decisions, and the Parliament’s acts, if they are not in the form of laws, the new Constitutional Court at the Apex of the country, should shape the motion of constitutional interpretation. It should not be considered as a mere law court, but as instrument of developing a genuine creativity culture of constitutional control concerning the private international law. In this regard, multiple normative systems and considerations recognised in international and comparative law must be taken into account when dealing with private international law issues. Remain as an open question, in respecting the national sovereignty and the cultural specificity, and our educational system, what can the international and comparative law provide and inspire our legal order.

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50 RIGAUX, François, op.cit , 118.