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Jordan Blog News Jordan Constitutional Amendments 2011


Jordan Constitutional Amendments 2011

Author: Amman JO
4 Ratings, Best 
15 August 2011 13:15 |
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King Abdullah II’s speech on the occasion of presenting the suggested constitutional amendments by the Royal Committee on Constitutional Review:

Members of the Royal Committee on Constitutional Review, Ladies and gentlemen, Peace, God's mercy and blessings be upon you, Blessed be the souls of the noble Jordanians and the father of the Constitution, His Majesty the late King Talal, who wrote our great Constitution.

The recommendations concerning provisions of our Constitution that have been presented here today to me is solid proof of Jordan's ability to revitalise itself and its legislation and approach the future with a vision of social and political reform, the foundation of which is wider public participation, the separation between the branches of government and a clear definition of the responsibilities of each of these branches in a manner that truly reflects the Hashemite tradition and good governance in state administration. I extend my thanks and appreciation to the president and members of the committee who carried out the constitutional review and suggested the amendments.

In this context, we should point out the set of ideas and proposals presented by this respected committee, in whose experience and knowledge we trust. These suggested amendments maintain and enhance the balance among the powers through effective constitutional mechanisms. And because we believe in the protection of the Constitution that we have sworn to preserve, one of the major proposals is the establishment of a constitutional court to rule on the constitutionality of legislation and consolidate the judiciary's role as the authority that safeguards the constitutionality of legislation.

At the same time, we also wish to highlight the new form of relationship between governments and Parliament in accordance with the proposals that ensure the balance between the government and the Lower House and by which the dissolution of the Lower House is tied to the immediate resignation of the government. The proposals also suggest that governments can no longer issue temporary laws except in times of war and natural catastrophes and in cases of financial expenditures that cannot be postponed. In addition, it is proposed that an independent national commission oversee parliamentary elections, while vesting in the judiciary the exclusive authority to look into electoral contestations and the trial of ministers.

To reinforce the role of youth in public and parliamentary life, the minimum age of candidacy for the Lower House has been lowered to 25 years, and thus, activism within political parties, professional associations and unions becomes an integral part of our national political culture. By establishing such liberties in the Constitution, we hope to institutionalise citizen activism and effective public participation in the legislative process as well as the formation of governments so that we can move from a phase of sloganeering to opening channels of activism and real life engagement in political parties, unions or youth movements. We need to practise this within the framework of an institutionalised political process that respects the rotation of power through parliamentary governments and a modern election process in which political parties compete on the basis of national platforms.

It should also be emphasised here that our relentless endeavours to consolidate balance and equity between the authorities are conditional on people's willingness to join political parties that express themselves and their policies at the ballot box. These are the fundamentals of parliamentary democracies. With the completion of this step, we assert that the roadmap of political reform will be achieved within a time frame that observes institutional processes and the existing constitutional channels, and no later than the fourth quarter of this year.

Priority in terms of legislation at this stage will be given to the conclusion of constitutional amendments, the recommendations of which have been presented to you today. Amending the Constitution will proceed in accordance with the appropriate constitutional processes and within a time frame we hope would not exceed one month and that gives the legislative branch the ability to proceed with the review and adoption of political legislation, namely the political parties and election laws, which will have passed through a process of preparation and drafting that reflects the popular will and national consensus.

When these laws are endorsed, along with the municipalities and the teachers association laws, Jordan will have accomplished most of the legislative infrastructure required for an institutional reform process that ensures an engagement of the grass-roots, political parties and unions, Parliament and government that lives up to national ambitions and expectations.

We have ordered this review of the Constitution’s provisions and some amendments thereto in the belief that it is my responsibility and duty towards my people in meeting their aspirations and for the good of the present and the future. What is needed now is that all powers and institutions, whether partisan, unionist or popular, engage and invest in this reform process in order to translate it into action programmes. After the Municipalities Law is enacted, municipal elections must be held as soon as possible.

Today, we present Jordanians, both our present and future generations, with these historic constitutional revisions and amendments which reflect the high level of political and legal maturity among Jordanians who are bracing for the centennial of their state; a state that was built on the values of freedom, unity and equality.

Your blessed efforts have paid off, as they are reflected in the legacy of the grandfathers and fathers and the aspirations of the children who are heading confidently towards the future to build the New Jordan in the face of challenges and on the principles of justice and equality. We will realise that in words and in deeds, a genuine achievement that will be a source of pride for all.

Finally, I pray that God Almighty keep Jordan a free, strong and safe country and give us the will and the strength to protect our country as a haven of freedom, justice and human dignity.

Peace, God's mercy and blessings be upon you.

Speech by Ahmad Lozi, president of the Royal Committee on Constitutional Review, on the occasion of presenting the suggested constitutional amendments:

In the Name of God, the Most Merciful, the Compassionate and peace and blessings be upon our Prophet Mohammad, Your Majesty King Abdullah II Ibn Al Hussein, Peace and God's mercy be upon you, God says in His Holy Book: "Work, as your work will be seen by God the Almighty, His Messenger, and the Believers,"

Your Majesty,

It is a great honour for the Royal Committee on Constitutional Review to be here in the presence of Your Majesty during the Holy Month of Ramadan, a time of mercy and blessing for our precious Jordan, the Arab and Islamic nations and humanity at large and a messenger of goodness, love and peace. We are honoured to extend to Your Majesty felicitations on the occasion of the Holy Month. We, in the Royal Committee have been blessed by the trust you have vested in us, and obliged by the aspirations of your noble Jordanian people, to carry out the mandate as contained in the Royal Letter of Designation.

Your Majesty sought to emphasise the need to enhance the independence of the three powers and achieve balance between them, empower the Parliament to perform its legislative and monitoring role independently and efficiently, and consolidate the role of the judiciary as an independent arbiter between all authorities, agencies and parties.

We highly appreciate the Royal patronage of this ceremony, which is held in the presence of representatives of the three powers, the military and security services, and the Jordanian people as represented by political parties, professional associations, civil society organisations and heads of diplomatic missions. Such a prestigious event reflects how the Constitution is held in high esteem by the nation, and Your Majesty, being the protector of the Constitution, the sponsor of the democratic process and the pioneer of development and reform, moving towards the future.

Inspired by all of that, the comprehensive constitutional review we carried out includes additions, changes and amendments, some of which are completely new to the Constitution. The aim was to render it more responsive to the change and development process, with a most rational and objective approach away from instantaneous emotional reactions and prejudices so as to ensure a mature and conscious response to the requirements of a better future.

In light of that, the committee introduced the amendments it deemed necessary to the development of political life and the democratic process. These amendments include provisions that affirm the independence of the judiciary as a key enforcer of the rule of law, with the mandate to maintain equality and respect for human rights and provide all the needed guarantees for justice, human dignity and freedoms, and instate safeguards to people’s right to a decent life and their participation in the decision making, and the formulation of policies that govern the life of democratic societies.

To achieve these goals, the amendments include important and basic principles. These are to name a few:

  • The establishment of a constitutional court that meets the highest international standards
  • The formation of an independent commission to oversee the elections
  • Trial of civilians to take place before civil courts
  • Trial of ministers to take place before high civil courts
  • Electoral contestations to take place before civil courts
  • The executive power cannot issue provisional laws except under the three conditions stated in the 1952 Constitution

We hope that these amendments meet Your Majesty's blessings so that they go through the proper constitutional channels of endorsement. We also hope that what we have achieved will serve the country and the Throne. We pray to God to preserve you and keep Jordan a safe and stable country. Peace and God's mercy be upon you.

Jordan Constitutional Amendments 2011

 

Article

1952 Constitution Text

Committee's Recommendations

1

Article 6

1-      Jordanians shall be equal before the law. There shall be no discrimination between them as regards to their rights and duties on grounds of race, language or religion.

2-      The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians.

 

1- (Remains unchanged).

2- Defending the homeland, its land and people's unity and maintaining social peace are sacred duties of every Jordanian.

3- The Government shall ensure work and education within the limits of its possibilities, and it shall ensure a state of tranquility and equal opportunities to all Jordanians.

4- The family is the foundation of the society. It is founded on religion, morals and patriotism. The law preserves its legal entity, strengthens its ties and values, protects under it motherhood and childhood and cares for youth and people with disabilities and protects them from exploitation.

2

Article 7

Personal freedom shall be guaranteed.

1- Personal freedom shall be guaranteed.

2- Any infringement on the rights and public freedoms or sanctity of private life of Jordanians is a crime punishable by law.

3

Article 8

No person may be detained or imprisoned except in accordance with the provisions of the law.

1- No person may be arrested, detained, imprisoned, have his/her freedom restricted or prevented from free movement except in accordance with the provisions of the law.

2- Every person who is arrested, imprisoned or his/her freedom is restricted, must be treated in a way that preserves his/her human dignity. It is forbidden for him/her to be tortured (in any form) or harmed physically or mentally, as it is forbidden to detain him/her in places outside of those designated by the laws regulating prisons. Any statement extracted from a person under duress of anything of the above or the threat thereof shall neither bare any consideration nor reliability.

4

Article 11

No property of any person may be expropriated except for purposes of public utility and in consideration of a just compensation, as may be prescribed by law.

No property of any person or any part thereof may be expropriated except for purposes of public utility and in consideration of a just compensation, as may be prescribed by law.

5

Article 15

  1. The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law.
  2. Freedom of the press and publications shall be ensured within the limits of the law.
  3. Newspapers shall not be suspended from publication nor shall their permits be revoked except in accordance with the provisions of the law.
  4. In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books and broadcasts in matters affecting public safety and national defense may be imposed by law.
  5. Control of the resources of newspaper shall be regulated by law.
  6. The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law.
  7. The State shall guarantee freedom of scientific research. It shall also guarantee the freedom of literary, artistic and cultural creativity if not contrary to public order and public morals.
  8. Freedom of the press, publications and mass media shall be ensured within the limits of the law.
  9. Newspapers shall not be suspended from publication nor shall their permits be revoked except by a judicial order in accordance with the provisions of the law.
  10. In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books, broadcasts and other means of communication in matters affecting public safety and national defense may be imposed by law.
  11. Control of the resources of newspaper shall be regulated by law.

6

Article 16

  1. Jordanians shall have the right to hold meetings within the limits of the law.
  2. Jordanians are entitled to establish societies and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution.
  3. The establishment of societies and political parties and the control of their resources shall be regulated by law.
  4. Jordanians shall have the right to hold meetings within the limits of the law.
  5. Jordanians are entitled to establish societies, associations and political parties provided that the objects of such societies and parties are lawful, their methods peaceful, and their by-laws not contrary to the provisions of the Constitution.
  6. The establishment of societies, associations and political parties and the control of their resources shall be regulated by law.

7

Article 18

All postal, telegraphic and telephonic communications shall be treated as secret and as such shall not be subject to censorship or suspension except in circumstances prescribed by law.

All postal, telegraphic and telephonic communications and other means of communication shall be treated as secret and as such shall not be subject to censorship, suspension or confiscation except by judicial order in accordance with the provisions of the law.

8

Article 20

Elementary education shall be compulsory for Jordanians and free of charge in Government schools.

Basic education shall be compulsory for Jordanians and free of charge in Government schools.

9

Article 27

The Judicial Power shall be exercised by the courts of law in their varying types and degrees. All judgments shall be given in accordance with the law and pronounced in the name of the King.

The Judicial Power is independent and shall be exercised by the courts of law in their varying types and degrees. All judgments shall be given in accordance with the law and pronounced in the name of the King.

10

Article 33

  1. The King declares war, concludes peace and ratifies treaties and agreements.
  2. Treaties and agreements which involve financial commitments to the Treasury or affect the public or private rights of Jordanians shall not be valid unless approved by the National Assembly. In no circumstances shall any secret terms contained in any treaty or agreement be contrary to their overt terms.
  3. The King declares war, concludes peace and ratifies treaties.
  4. Peace, alliance, trade and maritime treaties and other treaties which entails modification in the territory of the State, impinge on its sovereignty rights, financial commitments on the Treasury or affect the public or private rights of Jordanians shall not be valid unless approved by the National Assembly. In no circumstances shall any secret terms contained in any treaty or agreement be contrary to their overt terms.

11

Article 42

No person shall be appointed a Minister unless he is a Jordanian.

No person shall be appointed a Minister unless he/she is a Jordanian not holding a nationality of another state.

12

Article 45

  1. The Council of Ministers shall be entrusted with the responsibility of administering all affairs of the State, internal and external, with the exception of such matters as are or may be entrusted by the present Constitution or by any other legislation to any other person or body.
  2. The duties of the Prime Minister, the Ministers and the Council of Ministers shall be defined by regulations made by the Council of Ministers and ratified by the King.

 

  1. The Council of Ministers shall be entrusted with the responsibility of administering all affairs of the State, internal and external, with the exception of such matters as are or may be entrusted by the present Constitution to any other person or body.
  2. The duties of the Prime Minister, the Ministers and the Council of Ministers shall be defined by regulations made by the Council of Ministers and ratified by the King.

 

13

Article 50

Upon the resignation or dismissal of the Prime Minister from his office, all Ministers shall be considered as having automatically resigned or been dismissed from their offices.

Upon the resignation of the Prime Minister, his dismissal or death, all ministers shall be considered as having automatically resigned.

14

Article 54

  1. A session to consider a vote of no confidence in the Council of Ministers or in any individual Minister shall be held either at the request of the Prime Minister or at a request signed by not less than ten Deputies.
  2. A vote of no confidence in the Council of Ministers or in any individual Minister may be postponed only for one period, which shall not exceed ten days, either upon the request of the Minister concerned or of the Council of Ministers. The Chamber shall not be dissolved during this period.
  3. Every newly formed Council of Ministers shall within one month of its formation, in cases where the Chamber of Deputies is in session, place before the Chamber of Deputies a statement of its policy and request a vote confidence on the basis of the said statement. If the Chamber of Deputies is not in session at the time, or stands dissolved, the Speech from the Throne shall be considered to be a statement of its policy for the purposes of this Article.

 

  1. A session to consider a vote of no confidence in the Council of Ministers or in any individual Minister shall be held either at the request of the Prime Minister or at a request signed by not less than ten Deputies.
  2. A vote of no confidence in the Council of Ministers or in any individual Minister may be postponed only for one period, which shall not exceed ten days, either upon the request of the Minister concerned or of the Council of Ministers. The Chamber shall not be dissolved during this period.
  3. Every newly formed Council of Ministers shall within one month of its formation, in cases where the Chamber of Deputies is in session, place before the Chamber of Deputies a statement of its policy and request a vote of confidence on the basis of the said statement.
  4. If the Chamber of Deputies is not in session, it will be summoned to convene in an extraordinary session, during which the government has to present a statement of its policy and request a vote of confidence on the basis of the said statement within one month of its convening.
  5. If the Chamber of Deputies is dissolved, the government has to present a statement of its policy and request a vote of confidence on the basis of the said statement within one month of the convening of the new Chamber.

15

Article 55

Ministers shall be tried by a High Tribunal for offences which may be attributed to them in the course of the performance of their duties.

Ministers shall be tried for crimes attributed to them resulting from the performance of their duties before the Court of Appeal in the capital. These cases are heard by a panel of five judges appointed by the Judicial Council. Decisions of the Court shall be taken by a majority vote.

16

Article 56

The Chamber of Deputies is entitled to impeach Ministers, but a bill of impeachment shall not be passed except by a majority of two-thirds of the members of the Chamber. The Chamber of Deputies shall appoint, from among its members, deputies who shall present the impeachment to, and proceed before, the High Tribunal.

The Chamber of Deputies is entitled to refer ministers to the Attorney General, stating the reasons justifying such a referral. The referral’s decision should be issued by a majority of the members of the Chamber.

 

17

Article 57

The High Tribunal shall consist of the Speaker of the Senate as President and eight members, three of whom shall be selected by ballot by the Senate from amongst its members and five members to be selected from amongst the judges of the highest Civil Court in order of seniority. In case of necessity, the number shall be completed from the presidents of the lower courts, also in order of seniority.

1- The Court of Appeal shall apply the provisions of the Penal Code in force in respect of crimes specified therein. A special law shall specify the crimes for which ministers shall be responsible in cases where such offences are not covered by the Penal Code.

2- A minister who is accused by the Attorney General shall not be suspended from office except after a final ruling of his/her conviction is issued. His/her resignation shall not prevent the institution of criminal proceedings against him/her, or the continuance of his/her trial.

 

18

Article 58

The High Tribunal shall apply the provisions of the Penal Code in force in respect of offences specified therein. A special law shall specify the offences for which Ministers shall be responsible in cases where such offences are not covered by the Penal Code.

1- A constitutional court shall be established by a law in the Hashemite Kingdom of Jordan based in Amman. It will be an independent and separate judicial body, and shall consist of nine members, including the president, appointed by the King. The quorum of Court’s sessions will be present when seven of its members at least including the president, and in his absence, his deputy presides the session. The rulings and decisions of the Court are issued by the majority of six members at least.

2- The term of membership in the Constitutional Court is four years, subject to renewal. The members of the Court shall not be dismissed during their membership.

19

Article 59

Judgments shall be given by the High Tribunal by a majority of six votes.

 

1- The Constitutional Court shall monitor the constitutionality of laws and regulations in force and issue its judgments in the name of the King. Its rulings are final and binding on all authorities and all. Its rulings will take effect immediately unless another date is specified by the ruling. The Constitutional Court’s rulings will be published in the Official Gazette within fifteen days from the date of issuance.

2- The Constitutional Court has the right to interpret the provisions of the Constitution if so requested either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by an absolute majority. Such interpretations shall be effective upon publication in the Official Gazette.

 

20

Article 60

The High Tribunal shall make its own Rules of Procedure for the trial of Ministers, pending the enactment of a special law for this purpose.

Only the following authorities have the right to challenge the constitutionality of laws and regulations in force before the Constitutional Court:
1. Council of Ministers.
2. Senate.
3. Chamber of Deputies.
4. If a plea of unconstitutionality was raised before any court, it must refer it to the president of the Court of Appeal with which it is affiliated. The president of the Court of Appeal has the right to refer the matter to the Constitutional Court if deemed justified.

 

21

Article 61

A Minister who is impeached by the Chamber of Deputies shall be suspended from office until his case is determined by the High Tribunal. His resignation shall not prevent the institution of criminal proceedings against him, or the continuance of his trial.

 

1- The minimum age of the members of the Constitutional Court is fifty. The members are selected from among current or former judges of the Court of Cassation, current or retired law professors at universities or legal experts and specialists.

2- The law shall determine the manner in which the Court functions, how it is managed, how to appeal before it and all related matters, including its procedures, rulings and decisions. The Court shall begin its work after its relevant law comes into effect.

22

Article 67

The Chamber of Deputies shall consist of members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following principles:

1- The integrity of the election.

2- The right of candidates to supervise the process of election.

3- The punishment of any person who may adversely influence the will of voters.

 

The Chamber of Deputies shall consist of members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following matters and principles:

1- Establishing an Independent Commission to oversee elections.

2- The right of candidates to supervise the process of election.

3- The punishment of any person who may adversely influence the will of voters.

4- The integrity of the election process at all stages.

23

Article 69

1- The Chamber of Deputies shall elect its Speaker at the beginning of each ordinary session for a period of one calendar year, but he may be re-elected.

2- If the Chamber of Deputies meets in an extraordinary session and has no Speaker, the Chamber shall elect a Speaker for a term of office which shall terminate at the beginning of the ordinary session.

 

1- The Chamber of Deputies shall elect its Speaker at the beginning of each ordinary session for a period of two calendar years, but he may be re-elected.

2- If the Chamber of Deputies meets in an extraordinary session and has no Speaker, the Chamber shall elect a Speaker for a term of office which shall terminate at the beginning of the ordinary session.

 

24

Article 70

In addition to the requirements prescribed in Article 75 of the present Constitution, a deputy must have completed thirty calendar years of his age.

In addition to the requirements prescribed in Article 75 of the present Constitution, a deputy must have completed twenty five calendar years of his/her age.

25

Article 71

The Chamber of Deputies shall have the right to determine the validity of the election of its members. Any voter shall have the right to present a petition to the Secretariat of the Chamber within fifteen days of the announcement of the results of the election in his constituency setting out the legal grounds for invalidating the election of any deputy. No election may be considered invalid unless it has been declared as such by a majority of two-thirds of the members of the Chamber.

The Judiciary shall have the right to determine the validity of the election of the members of the Chamber of Deputies. Any voter shall have the right to present a petition to the Court of First Instance whose jurisdiction covers the electoral district of the deputy whose election validity is contested within fifteen days of the announcement of the results of the election in the Official Gazette. The petition shall include the legal grounds for invalidating the election of any deputy. The Court’s panel examining such a petition shall be comprised of three judges. Its rulings shall be final and cannot be challenged by any method of appeal. Its rulings will be issued within thirty days from the date of filing of the petition.

26

Article 73

1- If the Chamber of Deputies is dissolved, a general election shall be held, and the new Chamber shall convene in an extraordinary session not later than four months from the date of dissolution. Such session shall be deemed to be an ordinary session in accordance with the provisions of Article 78 of the present Constitution and shall be subject to the conditions prescribed therein in respect of prolongation or adjournment.

2- If no elections have taken place by the end of the four months, the dissolved Chamber shall assume its full constitutional powers and assemble forthwith as if its dissolution had not taken place. It shall remain in office until the election of a new Chamber.

3- Such extraordinary session shall not in any event continue after the 30th day of September and shall be prorogued on that date so that the Chamber may be able to hold its first ordinary session on the first day of October. If such extraordinary session happens to be held during October and November, it shall be considered as the first ordinary session of the Chamber of Deputies.

4- Notwithstanding the provisions of paragraphs (1) and (2) of this Article, the King may postpone the holding of the general elections if a force majeure has occurred which the Council of Ministers considers as rendering the holding of elections impossible.

5- Should the force majeure provided for in paragraph (4) hereof persist, the King may, upon a decision taken by the Council of Ministers, reinstate and convene the dissolved Chamber. Such Chamber shall be deemed as having been in existence in all respects from the date of the issue of the Royal Decree effecting its reinstatement. It shall exercise its full constitutional powers and be subject to the provisions of this Constitution, including those pertaining to the term of the Chamber and its dissolution. The session which it holds in such case shall be deemed to be its first ordinary session regardless of the date when it takes place.

6- Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of the force majeure referred to in this Article, the King may order the holding of elections in such constituencies. The successful members shall elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections, provided that they can hold a (valid) meeting only by a majority of three-quarters of their number, and provided also that the elections shall be by at least a two-thirds majority and shall be in accordance with the provisions and in the manner provided for in Article (88) of the Constitution. The successful members and the members elected in accordance with this paragraph shall elect the remaining members for the said constituencies in accordance with the provisions of this paragraph.

 

1- If the Chamber of Deputies is dissolved, a general election shall be held, and the new Chamber shall convene in an extraordinary session not later than four months from the date of dissolution. Such session shall be deemed to be an ordinary session in accordance with the provisions of Article 78 of the present Constitution and shall be subject to the conditions prescribed therein in respect of prolongation or adjournment.

2- If no elections have taken place by the end of the four months, the dissolved Chamber shall assume its full constitutional powers and assemble forthwith as if its dissolution had not taken place. It shall remain in office until the election of a new Chamber.

3- Such extraordinary session shall not in any event continue after the 30th day of September and shall be prorogued on that date so that the Chamber may be able to hold its first ordinary session on the first day of October. If such extraordinary session happens to be held during October and November, it shall be considered as the first ordinary session of the Chamber of Deputies.

 

27

Article 74

If the Chamber of Deputies is dissolved for any reason, the new Chamber shall not be dissolved for the same reason. A Minister who intends to nominate himself for election shall resign fifteen days at least before the beginning of nomination.

1-If the Chamber of Deputies is dissolved for any reason, the new Chamber shall not be dissolved for the same reason.

2- The government, during whose term the Chamber of Deputies is dissolved, should resign within one week of the dissolution date.

28

Article 75

1- No person shall become a Senator or Deputy:

(a) Who is not a Jordanian.

(b) Who claims foreign nationality or protection.

(c) Who was adjudged bankrupt and has not been legally discharged.

(d) Who was interdicted and the interdiction has not been removed.

(e) Who was sentenced to a term of imprisonment exceeding one year for a non-political offence and has not been pardoned.

(f) Who has a material interest in any contract, other than a contract or lease of land and property, with any Department of Government, provided that this provision shall not apply to any shareholder in a company of more than ten members.

(g) Who is insane or an imbecile.

(h) Who is related to the King within a degree of consanguinity to be prescribed by special law.

2- Should any Senator or Deputy become disqualified during his term of office or should it appear after his election that he lacks one or more of the qualifications provided for in the preceding paragraph, his membership shall, by a resolution of two-thirds of the members of the House to which he belongs, be considered nonexistent and vacant, provided that such a resolution, if passed by the Senate, is submitted to the King for ratification.

 

1- No person shall become a Senator or Deputy:

(a) Who is not a Jordanian.

(b) Who holds a foreign nationality.

(c) Who was adjudged bankrupt and has not been legally discharged.

(d) Who was interdicted and the interdiction has not been removed.

(e) Who was sentenced to a term of imprisonment exceeding one year for a non-political offence and has not been pardoned.

(f) Who is insane or an imbecile.

(g) Who is related to the King within a degree of consanguinity to be prescribed by special law.

2- Each member of the Senate and Chamber of Deputies should refrain during his/her membership from contracting with the government, public legal persons, public companies, state-owned enterprises or other legal persons, or contribute thereto whether the contract is concluded in his/her capacity as entrepreneur, supplier or contractor and whether in person or through an intermediary.

3- Should any Senator or Deputy become disqualified according to paragraph 1 of this Article during the term of office or should it appear after election that he/she lacks one or more of the qualifications or contravenes paragraph 2 of this Article, his/her membership shall, by a resolution of two-thirds of the members of the Senate or Chamber of Deputies, be revoked and his/her seat declared vacant, provided that such a resolution, if passed by the Senate, is submitted to the King for ratification.

 

29

Article 78

1- The King shall summon the National Assembly to an ordinary session on the first day of October of each year or, if that day is an official holiday, on the first day following the official holiday, provided that the King may, by Royal Decree published in the Official Gazette, postpone for a period not exceeding two months the meeting of the Assembly to a date to be fixed by the Royal Decree.

2- If the National Assembly is not summoned in accordance with the preceding paragraph, it shall meet of its own motion as if it was so summoned.

3- The ordinary session of the National Assembly shall begin on the date upon which it was summoned to meet in accordance with the two preceding paragraphs, and shall last for six months unless the Chamber of Deputies is dissolved by the King before the expiration of that period. The session may be prolonged by the King for a further period not exceeding three months to allow for the dispatch of pending matters. At the expiration of the six months or any such prolongation thereof, the King shall prorogue the Assembly.

 

 

30

Article 84

1- No meeting of either House shall be considered duly constituted unless attended by two-thirds of the members of either House, and shall continue to be valid as long as an absolute majority of the members of either House is present.

2- Resolutions by each of the two Houses shall be taken by a majority of votes of the members present, excluding the Speaker, who shall not vote except where it is otherwise provided in the present Constitution. In the case of equality of votes the Speaker shall have a casting vote.

3- If the voting is related to the Constitution or to a motion of no confidence in the Council of Ministers or in a particular Minister, the votes shall be taken by calling the names of members in a loud voice.

 

1- No meeting of either House shall be considered duly constituted unless attended by the absolute majority of members of either House, and shall continue to be valid as long as this majority of the members of either House is present.

2- Resolutions by each of the two Houses shall be taken by a majority of votes of the members present, excluding the Speaker, who shall not vote except where it is otherwise provided in the present Constitution. In the case of equality of votes the Speaker shall have a casting vote.

3- If the voting is related to the Constitution or to a motion of no confidence in the Council of Ministers or in a particular Minister, the votes shall be taken by calling the names of members in a loud voice.

 

31

Article 88

When a seat becomes vacant in the Senate or in the Chamber of Deputies by death or resignation or for any other reason, it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. The term of the new member shall be for the remaining part of the term of his predecessor.

However, if a seat in the Chamber of Deputies becomes vacant for any constituency for any reason and should there be force majeure on account of which the Council of Ministers considers that rendering a by election to fill that seat is impossible, the Chamber of Deputies, by the absolute majority of its members and within one month of its being notified thereof, shall elect a member to fill the said seat from amongst the inhabitants of the said constituency to who the provisions of the Constitution are applicable and in the manner the Chamber deems appropriate.

 

When a seat becomes vacant in the Senate or in the Chamber of Deputies by death or resignation or for any other reason, it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. The term of the new member shall be for the remaining part of the term of his predecessor.

 

32

Article 89

1- In addition to the circumstances under which the Senate and the Chamber of Deputies may hold a joint meeting as prescribed in Articles (34), (79) and (92) of the present Constitution, both Houses shall hold a joint meeting at the request of the Prime Minister.

2- When the Senate and the Chamber of Deputies hold a joint meeting, the meeting shall be presided over by the Speaker of the Senate.

3- A joint meeting of the Senate and the Chamber of Deputies shall not be considered properly constituted unless an absolute majority of the members of each House is present. Resolutions at such a meeting shall be taken by a majority of the Senators and Deputies present, exclusive of the Speaker who, in case of equality of votes, shall have a casting vote.

 

1- In addition to the circumstances under which the Senate and the Chamber of Deputies may hold a joint meeting as prescribed in Articles (29), (34), (79) and (92) of the present Constitution, both Houses shall hold a joint meeting at the request of the Prime Minister.

2- When the Senate and the Chamber of Deputies hold a joint meeting, the meeting shall be presided over by the Speaker of the Senate.

3- A joint meeting of the Senate and the Chamber of Deputies shall not be considered properly constituted unless an absolute majority of the members of each House is present. Resolutions at such a meeting shall be taken by a majority of the Senators and Deputies present, exclusive of the Speaker who, in case of equality of votes, shall have a casting vote.

 

33

Article 94

1- In cases where the National Assembly is not sitting or is dissolved, the Council of Ministers has, with the approval of the King, the power to issue provisional laws covering matters which require necessary measures which admit of no delay or which necessitate expenditures incapable of postponement. Such provisional laws, which shall not be contrary to the provisions of the Constitution, shall have the force of law, provided that they are placed before the Assembly at the beginning of its next session, and the Assembly may approve or amend such laws. In the event of the rejection of such provisional laws, the Council of Ministers shall, with the approval of the King, immediately declare their nullity, and from the date of such declaration these provisional laws shall cease to have force provided that such nullity shall not affect any contracts or acquired rights.

2- Provisional laws shall have the same force and effect as laws enacted in accordance with paragraph (2) of Article (93) of this Constitution.

 

1- In cases where the National Assembly is not sitting or is dissolved, the Council of Ministers has, with the approval of the King, the power to issue provisional laws to face the following emergencies:

A- General disasters.

B- State of war and emergencies.

C- The need for urgent expenditures incapable of postponement.

Such provisional laws, which shall not be contrary to the provisions of the Constitution, shall have the force of law, provided that they are placed before the Assembly at the beginning of its next session. In the event of the rejection of such provisional laws, the Council of Ministers shall, with the approval of the King, immediately declare their nullity, and from the date of such declaration these provisional laws shall cease to have force provided that such nullity shall not affect any contracts or acquired rights.

2- Provisional laws shall have the same force and effect as laws enacted in accordance with paragraph (2) of Article (93) of this Constitution.

 

34

Article 98

Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.

1- Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the law.

2- A Judicial Council shall be established by a law. It will be responsible for matters related to civil courts and shall have the sole right to appoint civil judges. The law shall explain the Council’s powers in matters relating to the career of judges.

35

Article 100

The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice.

The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such law provides for the establishment of a High Court of Justice, whose law shall state that the administrative judiciary should be at two levels.

36

Article 101

1- The courts shall be open to all and shall be free from any interference in their affairs.

2- The sittings of the courts shall be public unless the court decides that the sittings should be secret in the interest of public order or morals.

 

1- The courts shall be open to all and shall be free from any interference in their affairs.

2- A civilian may not be tried in a criminal case before a court whose all judges are not civilians, with the exception of crimes of high treason, espionage and terrorism.

3- Courts’ hearings shall be public unless the court decides that they should be secret in the interest of public order or morals. In all cases, the verdict shall be pronounced during a public session.

4- The accused is innocent until proven guilty.

37

Article 109

1- Tribunals of Religious Communities shall be established in conformity with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and Waqfs constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Moslems, within the jurisdiction of the Sharia Courts.

2- Such laws shall determine the procedure to be followed by the Tribunals of the Religious Communities.

1- Tribunals of Religious Communities shall be established in conformity with the provisions of laws pertaining thereto. Such laws shall define the jurisdiction of such Tribunals in matters of personal status and Waqfs constituted for the benefit of the community concerned. Matters of personal status of any such community shall be the same matters as are, in the case of Moslems, within the jurisdiction of the Sharia Courts.

2- Such laws shall determine the procedures to be followed by the Tribunals of the Religious Communities in the trials they hold and the requirements of appointing their judges.

38

Article 110

Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws constituting them.

1- Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws constituting them.

2- A State Security Court shall be established. Its jurisdiction is limited to high treason, espionage and terrorism.

39

Article 112/1

1- The draft law covering the General Budget shall be submitted to the National Assembly for consideration in accordance with the provisions of the Constitution at least one month before the beginning of the financial year.

 

1-      The draft law covering the General Budget and budgets of independent institutions shall be submitted to the National Assembly for consideration in accordance with the provisions of the Constitution at least one month before the beginning of the financial year.

 

40

Article 119

An Audit Office shall be set up by law for controlling the State’s revenues, its expenses and the manner of expenditure:

1- The Audit Office shall submit to the Chamber of Deputies at the beginning of each ordinary session, or whenever the Chamber demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising there from.

2- The law shall provide for the immunity of the Head of the Audit Office.

An Audit Office shall be set up by law for controlling the State’s revenues, its expenses and the manner of expenditure:

1- The Audit Office shall submit to the Senate and Chamber of Deputies at the beginning of each ordinary session, or whenever any of the two chambers demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising there from.

2- The law shall provide for the immunity of the Head of the Audit Office.

41

Article 122

The High Tribunal provided for in Article (57) shall have the right to interpret the provisions of the Constitution if so requested either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by absolute majority. Such interpretation shall be implemented upon its publication in the Official Gazette.

1- A High Tribunal shall be composed of the Speaker of the Senate as President and eight members, three of whom shall be selected by ballot by the Senate from amongst its members and five members to be selected from amongst the judges of the highest Civil Court in order of seniority. In case of necessity, the number shall be completed from the presidents of the lower courts, also in order of seniority.

2- The High Tribunal shall have the right to interpret the provisions of the Constitution if so requested either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by absolute majority. Such interpretation shall be implemented upon its publication in the Official Gazette.

3- Article (122) of this Constitution shall be deemed void once the Constitutional Court’s law comes into effect.

 

42

Article 128

All laws, regulations and other legislative acts in force in the Hashemite Kingdom of Jordan on the date on which this Constitution comes into force shall continue to be in force until they are repealed or amended by the legislation issued thereunder.

1- The laws issued by virtue of this Constitution to regulate the rights and freedoms shall not impair the substance of these rights or affect their fundamentals.

2- All laws, regulations and other legislative acts in force in the Hashemite Kingdom of Jordan on the date on which this Constitution comes into force shall continue to be in force until they are repealed or amended by the legislation issued thereunder.

Jordan Constitutional Amendments 2011, Jordan Constitution

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