Ranking of International Treaty in National Legislations and the Constitution of Jordan

Omar S. Al-Okur, Mamdouh H. Al-Edwan, Maysa Baydoun

Abstract


Treaties constitute an important source of the sources of international law; as such treaties have particular legal force at the national level. It is worth mentioning, that some states considered treaty superior to the Constitution itself or equal to it. While other states granted treaties the superiority to the ordinary legislation or equal to it.
The Jordanian legislator has not addressed the hierarchy of a treaty in the Jordanian legal system, but-as an exception- Article 33 (2) of the Jordanian Constitution 1952considered that treaties and agreements which involve financial commitments to the Treasury or affect the public or private rights of Jordanians shall not be valid unless approved by the National Assembly.
In its turn, the Jordanian judiciary has established a clear statement in regards to the hierarchy of treaty in the Jordanian legal system, as the Court of Cassation has esteemed in its decisions to give the superiority of a treaty to the law in force in the case of conflict. However, one should bear in mind the fact that the Jordanian legal system does not consider the principle of judicial precedents, thus the court is not bound by its own previous decisions which could lead to confusion in the application of a treaty in the case of conflict with national law in force.

Keywords


International Treaty, International Law, National Legislations.

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