ALRAQABA . ISSUE 18 21 The Concept of the Natural Judge Principle and its Connotations The right to litigation is considered one of the natural rights of human beings, which is guaranteed by the constitution. Therefore, any person has the right to go to court if any of their rights were violated in order to reclaim their right. As such, everyone – including the State and its institutions – is subject to the rule of law. Thus, the rule of law becomes a reality and not a theoretical mantra that lacks practical application. In addition, countries can not be described as democratic unless we examine how well they guarantee the right to litigation for their people in a way that ensures their rights. The jurisprudence and the law defined the natural judge as “the judge who hears claims according to applicable general legal regulations before referring the claim to court. If the decision to refer the case was issued to a department other than the competent department defined by law, the defendant or litigants in such case are considered to be referred to a judge other than their natural judge.” Moreover, “if a new law was issued after a crime was committed that transfers a certain claim from its original judge to be within the competency of another court, then this new legislation is being deviated from the legitimate purpose of issuing this law. Consequently, the judge of this court will not be the natural judge for the case”. It is worth mentioning that the reason for setting this guarantee is to connect the judge with the incident itself rather than the Sayed Mohammed Al-Jammal Expert, Legal Affairs, Financial Violations, and Performance Audit Sector Technical Office Legislations
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