Implementation of national human rights judicial rulings in Jordanian law

https://doi.org/10.2478/bjlp-2022-00124

Authors

  • Dr. Mishaal Mufleh Jarrah Assistant Professor Faculty of Law/Private Law, Amman Arab University.
  • Dr. Muhammad Farhan Al-Taani Assistant Professor, Faculty of Law / Law, Amman Arab University.

Keywords:

Execution, judicial ruling, forced execution, voluntary execution.

Abstract

Many judicial rulings are issued by the national courts, and these rulings are useless if they are not implemented. Either those national human rights judicial rulings are implemented by the consent of the convict, or by being compulsory, through the executive authority through the enforcement departments affiliated to the national courts and it is by compulsion the person convicted of carrying out the sentence. The problem of this study lies in the adequacy of the legal texts in finding solutions to implement the national human rights judicial rulings. The researchers followed the descriptive analytical approach by analyzing the legal texts, the opinions of jurists, the jurisprudence, and the comparative approach, in comparison with some Arab laws such as the Egyptian Civil and Commercial Procedures Law, whenever possible, in order to reach the desired results. The researchers reached a set of results and recommendations, the most important of which was: The implementation of human rights judicial rulings is based on an executive case filed before the judiciary through the execution departments of the judicial authority. As for the most important recommendations, the Jordanian legislator should amend the implementation law by explicitly stating the provisions that must be implemented.

Downloads

Published

2022-12-24