Electoral Justice in Jordan: Judicial Oversight of Appeals Between Legitimacy and Participation

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination of electoral adjudication in Tunisia, Egypt, and Lebanon. The study is further strengthened by a structured content analysis of 120 appellate rulings issued between 2015 and 2023 and by qualitative insights drawn from anonymized interviews with judicial personnel engaged in electoral dispute resolution. Although Jordan’s legal framework formally empowers the judiciary to adjudicate electoral disputes, five structural limitations persist: narrow standing rules, rigid evidentiary thresholds, judicial reluctance to exercise investigatory powers, opaque reasoning in judgments, and the absence of specialized electoral courts. These constraints reflect systemic tensions between formal judicial independence and the realities of constrained discretion in hybrid regimes. An empirical analysis of 127 Jordanian electoral appeal cases from 2013 to 2020 reveals that a mere 7% of disputed electoral outcomes were overturned, whereas 73% of allegations were disregarded due to insufficient evidence. Furthermore, it is noteworthy that only 31% of rulings were publicly accessible, in stark contrast to the 89% accessibility rate observed in Tunisia. By identifying and addressing these systemic limitations, the study contributes to ongoing discourse on institutional reform and democratic resilience. In doing so, it underscores the importance of robust electoral justice mechanisms for sustaining public trust, rule of law, and inclusive governance—principles central to political and institutional sustainability as reflected in Sustainable Development Goal 16.

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Publication Details

Journal
Laws
Published
2025-12-29
DOI
https://doi.org/10.3390/laws15010004
Citations
1
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
15.98
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article

Electoral Justice in Jordan: Judicial Oversight of Appeals Between Legitimacy and Participation

Abeer Hassan Al-Qaisi, Mutasem Khaled Heif, Loiy Yousef Aldaoud, Shadi Meeush D’yab Altarawneh et al.
1 citations
Laws
Judicial and Constitutional Studies
15.98
article

Electoral Justice in Jordan: Judicial Oversight of Appeals Between Legitimacy and Participation

Abeer Hassan Al-Qaisi, Mutasem Khaled Heif, Loiy Yousef Aldaoud, Shadi Meeush D’yab Altarawneh, Mostafa Hussam Altarawneh, Rehan Naji Abu Elzeet
article en
1 citations

Abstract

This study evaluates the effectiveness of Jordan’s judiciary in overseeing electoral appeals within the framework of a constitutional monarchy. Adopting a mixed-methods approach, it combines doctrinal legal analysis of key constitutional provisions and Election Law No. 4 of 2022 with a comparative examination of electoral adjudication in Tunisia, Egypt, and Lebanon. The study is further strengthened by a structured content analysis of 120 appellate rulings issued between 2015 and 2023 and by qualitative insights drawn from anonymized interviews with judicial personnel engaged in electoral dispute resolution. Although Jordan’s legal framework formally empowers the judiciary to adjudicate electoral disputes, five structural limitations persist: narrow standing rules, rigid evidentiary thresholds, judicial reluctance to exercise investigatory powers, opaque reasoning in judgments, and the absence of specialized electoral courts. These constraints reflect systemic tensions between formal judicial independence and the realities of constrained discretion in hybrid regimes. An empirical analysis of 127 Jordanian electoral appeal cases from 2013 to 2020 reveals that a mere 7% of disputed electoral outcomes were overturned, whereas 73% of allegations were disregarded due to insufficient evidence. Furthermore, it is noteworthy that only 31% of rulings were publicly accessible, in stark contrast to the 89% accessibility rate observed in Tunisia. By identifying and addressing these systemic limitations, the study contributes to ongoing discourse on institutional reform and democratic resilience. In doing so, it underscores the importance of robust electoral justice mechanisms for sustaining public trust, rule of law, and inclusive governance—principles central to political and institutional sustainability as reflected in Sustainable Development Goal 16.

LawsVol. 15(1)
Al-Ahliyya Amman University (JO), Petra University (JO)
Openalex Percentile: Top 1%
Judicial and Constitutional Studies
15.98
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