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UNIVERSITY of PÉCS Faculty of Law, Doctoral School of Law UNIVERSITY OF PÉCS Faculty of Law, Doctoral School of Law Comparison of Jordanian with European Countries' Constitution for Establishing an Effective Legal Framework for New Generation Irrespective of Religion, Race, Nationality and Sex Ph.D. Thesis Mousa Sami Saleh Al-Qaaida Supervisor: Professor Dr. Tímea Drinóczi Professor, University of Pécs, Faculty of Law- Hungary PÉCS, 2021 1 Abstract The research work is centred on comparing the Jordanian constitution with the constitution of different European countries to establish an effective legal framework for the new generation irrespective of race, religion, sex and nationality. The research seeks to find similarities and differences amid the Jordanian constitution and the constitution of European countries to further determine lacking areas and devise a framework on the basis of areas of improvement for enhancing equality of rights for the new generation. In order to accomplish the research purpose and complete the research task, the research included the comparison of key elements Jordanian constitution with constitutions of European countries such as Austria, Germany, Greece, France, Poland and Portugal. The European Union does not have a common constitution so the above mentioned six countries are chosen for comparison with Jordan. The qualitative research method is integrated for data collection and obtains a comprehensive and better understanding of the views and perceptions of different scholars regarding constitutional law and legislation in European countries and Jordan. Secondary data collection tools are used and information procured by reviewing academic databases and relevant journal articles and books to draw substantial findings. Further, interpretivism philosophy and qualitative analysis technique is incorporated into this research. The data is analysed by the detailed description of chosen European countries' constitutions and Jordanian constitution with a focus on gender equality, protection and promotion of human rights, women participation and involvement and discrimination practices rooted in religion. It is found from data analysis that constitutions of European countries foster security, freedom and justice within the border of the European Union and it comprise strict measures against gender-based or religion-based discrimination. The Jordanian constitution has undergone several changes but there is a wide scope for improvement in terms of securing equal rights for the new generation and eradicate discriminatory practices on the basis of gender, sex and religion. It is recommended that there is a need for alignment of theories and practices in the legal system, ensure 30% quota for women in parliament, give legal status to Syrian and Iraqi refugees, implement CEDAW and extend the application of constitution to every individual under the jurisdiction of Jordan. 2 Acknowledgements I feel immense gratefulness on receiving an opportunity to provide thanksgivings to the almighty and all-powerful Supreme Being who has provided me with every single capability for completing the research work as planned. Moreover, I also like to show gratitude towards my supervisor Professor Dr. Tímea Drinóczi because, without her support, I would never be able to rectify my Ph.D. project at each of the planned stages. Further, I would like to express my special appreciation and thanks to my parents. Last but not least, a special thanks to my older brother Mohammad for the time, effort and cooperation he provided to me during my studies, for encouraging me and assisting me in acquiring all the vital resources that were essential for the accomplishment of this project. A special thanks to all my Hungarian friends who supported me. Thanks to everyone who supported throughout the Ph.D. project. I am grateful for the University of Pécs and all the staff. Words cannot express how grateful I am for all of you. Thank you all. 3 Table of Contents Chapter 1: Introduction .............................................................................................................. 6 1.1 The Problem Statement and Research Enquiries ............................................................. 6 Research Questions and Sub-Questions ............................................................................. 7 1.2 Research Objectives ......................................................................................................... 7 1.3 The Study Rationale ......................................................................................................... 8 1.4 Research Methodology ................................................................................................... 12 1.5 Theoretical Framework .................................................................................................. 14 1.6 Research Structure and Outlining .................................................................................. 17 Chapter 2: Need and Importance of Constitution in Providing Effective Legal Framework for New Generation Irrespective of Religion, Race, Nationality and Sex .................................... 18 2.1 The Meaning, Need and the Main Functions of Constitutional Law ............................. 18 2.2. Analysing the Viewpoint of Different Researchers in regards to the Role of Constitution in protecting the Rights of Citizens in a Country ................................................................. 25 Chapter 3: Critical Analysis of the Jordanian Constitution for New Generation Irrespective of Religion, Race, Nationality and Sex ........................................................................................ 29 3.1 Introduction .................................................................................................................... 29 3.2 A brief history of Jordanian Constitution ....................................................................... 31 3.3 Amendments of the Jordanian Constitution ................................................................... 34 3.3.1 Articles Related to Rights and Freedoms ................................................................ 35 3.3.2 Articles Related to Executive Authority .................................................................. 36 3.3.3 Articles Related to Legislative Authority ................................................................ 37 3.3.4 Articles Related to the Judiciary .............................................................................. 38 3.4 Responses to Constitutional Amendments ..................................................................... 39 3.5 The Jordanian Political System and the Power of Separation ........................................ 45 3.6 The parliamentary system .............................................................................................. 48 3.7 Form of the Jordanian Constitution ................................................................................ 45 3.8 The Legislative Power .................................................................................................... 50 3.9 The Mandate of the House of Representatives............................................................... 51 3.10 The Powers of Senate ................................................................................................... 52 Chapter 4: Treaties in European Union for New Generation Irrespective of Religion, Race, Nationality and Sex .................................................................................................................. 57 4.1 History of the European Countries’ constitution............................................................ 57 4.1.1 Chronological Ratification Process ......................................................................... 58 4 4.2 Constitution of European Countries ............................................................................... 60 4.2.1 Common Values of the Union ................................................................................. 63 4.2.2 Aims of the Union ................................................................................................... 64 4.2.3 Criminal Justice proceedings ................................................................................... 65 4.2.4 Charter of Fundamental Rights of the European Union .......................................... 66 4.2.5 Simplifications ......................................................................................................... 67 4.3 The Constitutional Conventions of the European Economic Area (EEA) and the Member States .................................................................................................................................... 67 Chapter 5: Comparison of Jordanian and European Countries’ Constitution.......................... 70 5.1 Gender Equality in European Countries’ Constitutions and Jordan .............................. 70 5.1.1 Gender Equality ....................................................................................................... 71 5.1.2 Political representation and the gender gap in European levels .............................. 73 5.2 Protection and Promotion of Human Rights .................................................................. 74 5.3 Women Involvement and Participation .......................................................................... 77 5.3.1 The public and Political Involvement of Women .................................................... 77 5.3.2 Context....................................................................................................................
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