International Perspectives on Jordan’s Legislation on Deprivation of Liberty Prior to Trial
In: Arab Law QuarterlySearch for other papers by Amal Abuanzeh in
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Faculty of Law — University of Copenhagen Nørregade 10, 1165 Copenhagen Denmark
Search for other papers by Elna Søndergaard in
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Abstract
The right to personal liberty is fundamental for individuals and societies based on the rule of law. The United Nations Universal Declaration on Human Rights and United Nations International Covenant on Civil and Political Rights broadly define rules limiting possible pre-trial detention and protecting against arbitrary detention. Since 1961 the Code of Criminal Procedure has regulated detention in Jordan and in 2017, there were comprehensive revisions of the Code on these matters. To better understand factors that shaped the scope of the Code revisions in 2017 and to question whether the Code of Criminal Procedure fully adheres to ICCPR international human rights norms, this paper will draw upon political and legal debates prior to 2017 and upon legislative amendments, legislative text and subsequent jurisprudence. In so doing, this paper will critically examine whether the Jordanian legislation respects the right of personal liberty.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 278 | 136 | 21 |
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International Perspectives on Jordan’s Legislation on Deprivation of Liberty Prior to Trial
In: Arab Law QuarterlySearch for other papers by Amal Abuanzeh in
Current site
Google Scholar
PubMed
Faculty of Law — University of Copenhagen Nørregade 10, 1165 Copenhagen Denmark
Search for other papers by Elna Søndergaard in
Current site
Google Scholar
PubMed
Abstract
The right to personal liberty is fundamental for individuals and societies based on the rule of law. The United Nations Universal Declaration on Human Rights and United Nations International Covenant on Civil and Political Rights broadly define rules limiting possible pre-trial detention and protecting against arbitrary detention. Since 1961 the Code of Criminal Procedure has regulated detention in Jordan and in 2017, there were comprehensive revisions of the Code on these matters. To better understand factors that shaped the scope of the Code revisions in 2017 and to question whether the Code of Criminal Procedure fully adheres to ICCPR international human rights norms, this paper will draw upon political and legal debates prior to 2017 and upon legislative amendments, legislative text and subsequent jurisprudence. In so doing, this paper will critically examine whether the Jordanian legislation respects the right of personal liberty.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 278 | 136 | 21 |
| Full Text Views | 13 | 4 | 1 |
| PDF Views & Downloads | 569 | 532 | 3 |