Exchange of experiences on the constitutional interpretation of laws
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- Published: April 25, 2023
As part of the institutional funding of the Federal Ministry of Justice, the IRZ and the Jordanian Constitutional Court, organised an exchange of experiences on the subject of the constitutional interpretation of laws and the effect of constitutional court decisions in Jordan and Germany.
The Jordanian Constitutional Court started work in this area in 2012; it had previously been the task of the ordinary courts to interpret the Jordanian Constitution of 1952. The IRZ is continuing its cooperative consultations to eliminate any uncertainties and questions still outstanding. The event forms part of these activities.
Similarities in the interpretation of the law in Germany and Jordan
As part of the event, on 8 March 2023, Prof. Dr. Mayssa Baydoun, Judge at the Jordanian Constitutional Court, gave a detailed overview of the different mechanisms of the constitutional interpretation of the law in the country. It became clear that there were many similarities in the interpretation of the law in Germany. The judges essentially apply the teleological, historical, grammatical and systematic methods of interpretation.
Winfried Schubert, former President of the Regional Constitutional Court of Saxony-Anhalt, gave a detailed presentation of the constitutional interpretation of the law in detail. Reference was made in particular to Article 1, paragraph 3 of the Basic Law (Grundgesetz), which binds the legislature, the executive power and the judiciary to the constitution. He reiterated the fact that the constitution should be considered as a living legal text and one that is constantly evolving in accordance with current developments in case law. He also gave an insight into the court's various options for reviewing the laws and the legal consequences if a law is declared void or partially void.
The second part of the seminar day focused on the effects of constitutional court judgements. Dr. Akram Mosaada, also a judge at the Jordanian Constitutional Court, highlighted the problem of the enforceability of constitutional court judgements in fiscal matters. Particular challenges arise, for example, when a relevant law, for example in the area of tax law, is declared null and void as part of a judgement and claims for repayment arise therefrom.
The exchange of experiences ended with another talk by Winfried Schubert on the effects of constitutional court judgements in Germany. In this context, he emphasised the importance of the unity of the legal system and the tasks of the Federal Constitutional Court as a supervisory authority.
The IRZ thanks the experts and the participants of the Jordanian Constitutional Court for the vibrant, cooperative and goal-oriented exchange and looks forward to further events organised with the Jordanian Constitutional Court.