The Competence of the Judicial Authority in Deciding the Validity of Parliamentary Membership

Abstract

The competence of the judicial authority in deciding the validity of parliamentary membership The law of the election defines the procedure related to the electoral process stage and relevant to voting, sorting and then declaration of the results. It is common for disputes to occur about the validity of the electoral process. Such disputes are called the validity of parliamentary membership, where it is necessary to state the competent authority which shall assume to examine and consider such disputes in the issues of the validity and legitimacy of the membership, so as to ensure non-occupancy of the seats therein the parliament by who does not actually and in fact represent the nation or who seized unlawfully its will. Just to give a chance for the voters to raise an appeal the validity thereof shall constitute an important guarantee for the true representation to the will of the nation, as this is shall be through investigating the appeal to reveal what is vitiating the election in terms of errors and defects conduced to have the unqualified candidate win the parliament membership, and therefore, shall rectify such errors and defect to invalidate the election made in the electoral district and to take action to cause the process of election once again in accordance to the procedures the election law requires. The study herein is an endeavor to define the controls that the Court of Appeal of Jordan is adopting while addressing the matter of the validity of the electoral appeals on the occasion of the parliamentary elections.