ABSTRACT

Studying the newly established constitutional courts in Morocco and Jordan provides an opportunity to examine the revolutionary reforms proposed to enhance judicial review working to build democratic governance and institute economic reform. This chapter presents the underpinnings of the initiative to establish the constitutional courts from both the parliamentary monarchy regime’s understanding and in the context of the Arab Spring uprising. It critically examines a number of factors in a bid to encourage the ongoing revolutionary role of the constitutional courts in protecting individuals’ rights and freedoms. An independent judiciary maintains balance between the three branches of government (executive, legislative and judicial); consequently, accurate judicial review must play a fundamental role in the adoption of a reformed judicial system. Supporting the people will demand real democratic structural changes that include judicial activism and broad law interfering and interpretation instead of taking a conservative, narrow self-restrained approach that supports and empowers the authorities, and such efforts are needed not only in Morocco and Jordan but also in the wider Middle East and North Africa Region.