The Role of the Jordanian Constitutional Legislator in Protecting the Essence of Right A Comparative study* Second researcher Senior Researcher

10.2478/bjlp-2023-0000011

Abstract

International treaties and constitutions guarantee that the fundamental nature of rights and freedoms is unaffected by any bias or deviation from them, preventing the law that governs rights and freedoms and establishes their controls from undermining the value of those rights and freedoms' constitutional consecration. The essence of right and freedom cannot be restricted or lessened for any reason since it is distinct from the right and freedom themselves.The study was divided into two parts, the first dealt with the essence of the right, and the second dealt with the constitutional guarantee of the essence of the right.The study concluded that each of them has given its protection to the essence of right and freedom, and the constitutional texts have guaranteed it, although the German constitutional legislator in Article (18) of the Basic Law has authorized the loss of some rights. The study recommended that the Jordanian judiciary devote its control to the essence of the right, and also recommended activating the role of jurisprudence in studies on the protection of the essence of the right.