Establishing Effective Legal Framework for New Generation – A Comparison of the Jordanian and some European Constitutions

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 comprises 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.