Court of Cassation’s Control over Interpretation of Rules of the Foreign Law by the National Judge According to the Jordanian Legislation (Published)
This study examines court of cassation’s control over interpretation of rules of the foreign law by the national judge. The study concludes that some legalsystems prohibit control over interpretation of the legal provisions by the high court except in some exceptional circumstances like causation. Other legal systems provide for control over interpretation of rules of the foreign law by the national judge. These systems provide for such control either expressly in legislation or through applications of the high court that evidently indicate to this principle. In this context, the Jordanian legislator does not expressly require permissibility of imposing control of the Jordanian court of cassation over rules of the foreign law by the Jordanian trial judge. Further, some decisions issued by court of cassation indicate that the foreign law will maintain its legal capacity before the Jordanian courts and that it should be dealt with equally as the Jordanian law.
Keywords: Interpretation, court of Cassation, foreign rules, national judge, public system