| Chapter
1: The State and System of Government |
| Article
1 |
| The
Hashemite Kingdom of Jordan is an Independent sovereign Arab State. It
is indivisible and Inalienable and no part of it may be ceded. The people
of Jordan form a part of the Arab Nation, and its system of government
is parliamentary with a hereditary monarchy. |
|
| Article
2 |
| Islam
is the religion of the State and Arabic is its official language. |
|
| Article
3 |
| The
city of Amman is the capital of the Kingdom, but it may he transferred
to another place by a special law. |
|
| Article
4 |
| The
Jordanian flag shall be of the following form and dimensions: ``The length
of the flag shall be twice its width. lt shall be divided horizontally
into three parallel and equal stripes, the uppermost of which shall be
black, the center, white, and the lowest, green. At the end of the flag-staff
the flag shall have a red triangle, the base of which shall be equal to
its width. In the triangle there shall be a white seven- pointed star of
such a size that it may be one-fourteenth part of its length. The star
shall be so placed that its centre shall be at the intersection of the
lines bisecting the angles of the triangle, and the axis running through
one of its points shall be parallel to the base of the triangle.'' |
|
Chapter
2: Rights and Duties of Jordanians
Article
5 |
| Jordanian
Nationality shall be defined by law. |
|
| Article
6 |
(i)
Jordanians shall be equal before the law. There shall be no discrimination
between them as regards their rights and duties on grounds of race, language
or religion.
(ii) 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. |
|
| Article
7 |
| Personal
freedom shall be guaranteed. |
|
| Article
8 |
| No
person may be detained or imprisoned except in accordance with the provisions
of the law. |
|
| Article
9 |
(i)
No Jordanian may be deported from the territory of the Kingdom.
(ii) No Jordanian
may be prevented from residing at any place. or be compelled to reside
in any specified place, except in the circumstances prescribed by law. |
|
| Article
10 |
| Dwelling
houses shall be inviolable and shall not be entered except in the circumstances
and in the manner prescribed bs law. |
|
|
| Article
11 |
| No
properties 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. |
|
| Article
12 |
| No
loans may be forcibly imposed and no property, movable or immovable, may
be confiscated except in accordanse with the law. |
|
| Article
13 |
Compulsory
labour may not be imposed on any person, but any person may be required
to do any work or to reneler any service in circumstances prescribed by
law, as stated hereunder:
(i) In a state
of necessity, such as a state of war. the occurrence of a public danger,
or fire, flood, famine, earthquake, serious epidemic among human beings
or animals or animal diseases, insects or pests or any other similar events,
or in any other circumstances which might endanger the safety of the population,
in whole or in part. (ii)As a result of the conviction of the person concerned
by a court of law, provided that the work is done and the service rendered
under the supervision of an official authority and provided further that
no convicted person shall be hired to, or be placed at the disposal of,
any persons, companies, socielies or public bodies. |
|
| Article
14 |
| The
State shall safegurad the free exercise of all forms for worship and religious
rites in accorduncc with the customs observed in the Kingdom, unless such
is inconsistent with public order or morality. |
|
| Article
15 |
(i)
The State shall guarantee freedom of opinlon. 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.
(ii) Freedom
of the press and publications shall be ensured within the limits of the
law.
(iii) Newspapers
shall not be suspended from publication nor shall their permits be revoked
except in accordance wlth the provislons of the law.
(iv) In the
event of the declaration of martial law or a state of emergency, a llmited
censorshin on newspapers. publications, books and broadcasts in matters
affecting publlc safety and national defence may be imposed by law. |
|
| Article
16 |
(i)
Jordanians shall have the right to hold meetings within the limits of the
law.
(ii) 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 bye-laws not contrary to the provisions of the Constitution.
(iii) The
establishment of societies and political parties and the control of their
resources shall be regulated by law. |
|
| Article
17 |
| All
postal, telegraphic and telephonic communications shall be treated as secret
and as such shall not be subject to censorship or suspenslon except in
circumstances prescribed by law. |
|
| Article
18 |
| Congregations
shall have the right to establish and maintain their own schools for the
education of their own members provided that they comply with the general
provisions of the law and be subject to the control of Government in matters
relating to their curricula and orientation |
|
| Article
19 |
| Elementary
education shall be compulsory for Jordanians and free of charge in Government
schools. |
|
| Article
20 |
| Jordanians
are entitled to address the public authorities on any personai matters
affecting them, or on any matter relative to public affairs, in such a
manner and under such conditlons as may be prescribed by law. |
|
|
| Article
21 |
(i)
Political refugees shall not he extradited on account of their political
beliefs or for their defence of liberty.
(ii) Extradition
of ordinary criminals shall be regulated by internatlonal agreements and
laws. |
|
| Article
22 |
(i)
Every Jordanian shall be entithed to be appolnted to public offices under
such conditions as are prescribed by law or regulations.
(ii) Appointment
to any government office or to any establishment attached to the Government,
or to any municipal office, whether such appointment is permanent or temporary,
shall be made on the basis of merit and qualifications. |
|
| Article
23 |
(i)
Work is the right of every citizen, and the State shall provide opportunities
for work to all citizens by directing the national economy and raising
its standards.
(ii) The State
shall protect labour and enact a legislation therefor based on the following
principles: (a) Every worker shall receive wages commensurate with the
quantity and quality of his work. (b) The number of hours of work per week
shall be defined. Workers shall be given weekly and annual days of paid
rest. (c) Special compensation shall be given to workers supporting families
and on dismissal, illness, old age and emergencies arising out of the nature
of their work. (d) Special conditions shall be made for the employment
of women and juveniles. (e) Factories and workshops shall be subject to
health safeguards. (f) Free trade unions may be formed within the limits
of the law. |
|
| Chapter
3: Powers: General Provisions
Article
24 |
(i)
The Nation is the source of all powers.
(ii) The Nation
shall cxercise its powers in the manner prescrihed by the present Constitution. |
|
| Article
25 |
| The
Legislative Power shall be vested in the National Assembly and the King.
The Nationai Assembly shall consist of a Senate and a Chamber of Oeputies. |
|
| Article
26 |
| The
Executive Power shall be vested in the King. who shall exercise his powers
through His Ministers in accordance with the provisions of the present
Constitution. |
|
| Article
27 |
| The
Judicial Power shall bc cxercised hy the courts of law in their varying
types and degrees. All judgements shall be given in accordancc with the
law and pronounced in the name of the King. |
|
Chapter
4: The Executive Power
PART I:
THE KING AND HlS PREROGATIVES
Article
28 |
The
Throne of the Hashemite Kingdom of Jordan is hereditsry to the dynasty
of King Abdullah Ibn Al-Hussein in a direct line through his male heirs
as provided hereinafter:
(a) * The
Royal title shall pass from the holder of the Throne to his eldest son,
and to the eldest son of that son and in linear succession by a similar
process thereafter. Should the eldest son die before the Throne devolves
upon him, his eldest son shall inherit the Throne despite the existence
of brothers to the deceased son. The Kinx may, * As amended in the Official
Gszette No. 1831 of 01/04/1965. however, select one of his brothers as
heir apparent. In this event, title to the Throne shall pass to him from
the holder of the Throne.
(b) Should
the person entitled to the Throne die wlthout a male heir, the Throne shall
pass to his eldest brother. In the event lhat the holder of the Throne
has no brothers, the Throne shall pass to the eldest son of his eldest
brother. Should his eldest brother have no son, the Throne shall pass to
the eldest son of his other hrothers according to their seniority in age.
(c) In the
absence of any brothers er nephews, thc Throne shall pass to thc unclcs
and their descendants, according to the order prescribed in paragraph (b)
above.
(d) Should
the last King die without any heir in the manner prescribed above, the
Throne shall devolve upon the person whom the National Assembly shall select
from amongst the descendants of the founder of the Arab Revolt, the late
Klng Hussein Ibn Ali.
(e) No person
shall ascend the Throne unless he is a Moslem, mentally sound and born
by a legitimate wife and of Moslem parents.
(f) No person
shall ascend the Throne who has been excluded from successlon by a Royal
Decree on the ground of unsuitability. Such exclusion shall not of itself
include the descendants of such person. The Royal Decree of exclusion shall
be countersigned by the Prime Minister and by four Ministers, at least
two of whom shall be the Minister of Interior and the Minister of Justice.
(g) The King
attains his majority upon the completlon of his eighteenth year according
to the lunar calendar. If the Throne devolves upon a person who is below
this age, the powers of the King shall be exercised by a Regent or Council
of Regency. who shall have been appolnted by a Royal Decree by the reigning
King. If the King dies without makinj such nomination, the Council of Ministers
shall appoint the Regent or Council of Regency.
(h) Should
the King become unable to exercise his powers on account of illness, his
powers shall be exercised by a vicegerent or Council of Vicegerents. The
Vicegerent or Council of Vicegerents shail be appointed by Royal Decree.
Should the King be unable to make such appointment, such shall be made
by the Council of Ministers
(i) Should
the King wish to leave the country, He shall, before his departure and
by a Royal Decree, appolnt a Vlcegerent or a Council of Vicegerents to
exercise His powers during His absence. The Vicegerent or Council of Vicegerents
shall observe any conditions which may be presecribed ln thc Royal Decree.
If the absence of the King is extended to more than four months and the
National Assembly is not in session, the Assembly shall be summoned immediately
to consider the matter.
(j) Before
the Regent or Vicegerent or any member of the Council of Regency or of
the Council of Vicegerents assumes his office he shall take an oath, as
prescribed in in Article 29 hereof, before the Council of Ministers.
(k) In the
event of the death of the Regent or Vicegerent or member of the Council
of Regency or of the Council of Vicegerents, or should he become incapable
of performing his duties, the Council of Ministers shall appoint a suitable
person to replace him.
(l) A Regent
or Vicegerent or member of the Council of Regency or of the Council of
Vlcegerents shall not be less than thirty years according to the lunar
calendar. However, any male relative of the King whe has completed his
eighteenih year of age acrording to the lunar calendar may he appointed
to any such office.
(m) In the
event of the King being incapacitated by any mental illness, the Council
of Ministers, on confrirmation of his illncss, shall immediately convene
the National Assembly .Should the illness be definitely confirmed, thc
National Assembly shall hy resolution depose the King, whereupon title
to the Throne shall devolve upon the person entitled thereto after him
according to the provisions of this Constitution. If the Chamber of Deputies
stands dissolved at the time or if its term had expired and no new Chamber
had been elected. the former Chamber of Deputies shall be convened for
the purpose. |
|
|
| Article
29 |
| The
King shall upon his succession to the Throne take an oath boefore the National
Assembly, which shall be convened under the chairmanship of the Speaker
of the Senate, to respect and observe the Constitutlon and be loyal to
the Natlon. |
|
| Article
30 |
| The
King is the Head of the State and ls immune from any liability and responsibilsty
. |
|
| Article
31 |
| The
King ratifies the laws and promulgates them. He shall direct the enactment
of such regulations as may be necessary for thelr implementation, provided
that such regulations are not inconsistent with the provisions thereof. |
|
| Article
32 |
| The
King is the Supreme Commander of the Land. Naval and Alr Forces. |
|
| Article
33 |
(i)**
The King declares war, concludes pesce and ratitles treaties and agreements.
(ii) Treaties
and agreements which involve financlal 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. |
|
| Article
34 |
(i)
The King issues orders for the holding of elections to the Chamber of Deputies
in accordance with the provisions of the law,
(ii) The King
convenes the National Assembly, inaugurates, adjourns, and prorogues it
in accordance with the provisions of the Constitution.
(iii) The
King may dissolve the Chamber of Deputies.
(iv) * The
King may dissolve the Senate or relieve any Senator of his membership. |
|
| Article
35 |
| The
King appoints the Prime Minister and may dismiss him or accept his resignation,
He appoints the Ministers; He also dismisses them or accepts their resignatlon,
upon the recommendation of the Prime Minister. |
|
| Article
36 |
| The
King appoints members of the Senate and appoints the Speaker from amongst
them and accepts their resignation. |
|
| Article
37 |
(i)
The Klng creates. confers and withdraws civil and military ranks, medals
snd honorific titles. He may delegate this authority to any other person
by special law.
(ii) Currency
shall be minted in the name of the King in pursuance of the law. |
|
| Article
38 |
| The
King has the right to grant a special pardon or remit any sentence, but
any general pardon shall be determined by special law. |
|
| Article
39 |
| No
death sentence shall be executed except after confirmation by the King.
Every such sentence shall be placed before the King by the Council of Ministers
accompanied by their opinion thereon. |
|
| Article
40 |
| The
King shall exercise the powers vested in him by Royal Decrce. Every such
Decree shall be countersigned by the Prime Minister and the Minister or
Ministers concerned. The King expresses his concurrence by placing his
signature above the said signatures. |
|
Chapter
4: The Executive Power
PART II:
MINISTERS
Article
41 |
| The
Council of Ministers shall consist of the Prime Minister, who shall he
the President and of such numner of Ministers as may be needed and as public
interest may require. |
|
| Article
42 |
| No
rserson shall be appointed a Minister unless he is a Jordanian. |
|
| Article
43 |
| The
Prime Minister and Ministers shall, before assuming their duties, take
the following oath before the King: ''I swear by Almighty God to be loyal
to the King, uphold the Constitution. serve the Nation and conscientiously
perform the duties entrusted to me''. |
|
| Article
44 |
| No
Minister may purchase or lease any Government property even if the sale
or lease thereof has been offered in pubilc auction. He shall not, while
holding his Ministerial office, become a member of the board of directors
of any company or take part in any commercial or financial transaction
or recelve a salary from any company. |
|
| Article
45 |
(i)*
The Council of Ministers shall be entrusted with the responsibillty 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.
(ii) 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. |
|
| Article
46 |
| Any
Minister may be entrusted with the responsibillty of one or more Ministries,
as may be stated in the Decree of appointment. |
|
| Article
47 |
(i)
Every Minister shall be responsible for the conduct of all matters pertaining
to his Ministry, He shall refer to the Prime Minister any matter not falling
within his competence.
(ii) The Prime
Minister shall dispose of all matters within his powers and competence
and shall refer other matters to the Couneil of Ministers for such decision
as may be necessary. |
|
| Article
48 |
| The
Prime Minister and Ministers shall sign the decisions taken by the Council
of Ministers, which shall be submitted to the King for ratification in
all cases required under the present Constitution or any law or regulations
enacted thereunder. Such decisions shall be implemented by the Prime Minister
and Misisters, each within the limits of his competence. |
|
| Article
49 |
| Verbal
or written orders of the King shall not release the Ministers from their
responsibilities. |
|
| Article
50 |
| In
the event of 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. |
|
|
| Article
51 |
| The
Prime Minister and Ministers shall be collectively responsible before the
Chamber of Deputies in respect of the public policy of the State. In addition,
each Minister shall be responsible before the Chamber of Deputies in respect
of the affairs of his Ministry. |
|
| Article
52 |
| The
Prime Minister, or the Minister who is a member of either the Chamber of
Deputies or the Senate, shall be entitled to vote in the House to which
he belongs and to speak in both Houses. However, Ministers who are not
members of either House may speak in both Houses without the right to vote. |
|
| Article
53 |
*
A motlon of no confidence in the Council of Ministers or in any Minister
may be raised by the Chamber of Deputies.
(ii) If the
Chamber of Deputies casts a vote of no confidence in the Council of Ministers
by an absolute majority of all its members, the Council of Ministers shall
resign.
(iii) If the
vote of no confidence concerns an individual Minister, he shall resign
his office. |
|
| Article
54 |
(i)
A session to consider a vote of no confidence in the Council of Ministcrs
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.
(ii)* A vote
of no conrldence in the Council of Minislers 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.
(iii)** 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 and No. 1380 of 04/05/1958.
request a vote of 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
pollcy for the purposes of this Article. |
|
| 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. |
|
| Article
56 |
| The
Chamber of Deputies is entitled to impeach Ministers, but a bill of impeachment
shail not be passed except by a maiority 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. |
|
| 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. |
|
| 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 thc
offences for which Ministers shall be responsible In cases where such offences
are not covered by the Penal Code. |
|
| Article
59 |
| *Judgements
shall be given by the High Tribunal by a majority of six votes. |
|
| 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. |
|
| Article
61 |
| A
Minister who is impeached by the Chamber of Deputies shall be suspeneled
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. |
|
Chapter
5:
The Legislative
Power. The National Assembly
Article
62 |
| The
riational Assembly shall consist of two Houses:- The Senate and the Chamber
of Deputies. |
|
Chapter
5: The Legislative Power. The National Assembly
PART I:
THE SENATE
Article
63 |
| The
Senate, including the Speaker, shall consist of not more than one-half
of lhe number of the members of the Chamber of Deputies. |
|
| Article
64 |
| In
addition to the requirements prescribed in Article 75 of the present Constitution,
a Senator must have completed forty calendar years of age and must belong
to one of the following classes:- Present and former Prime Ministers and
Ministers, persons who had previously held the office of Ambassador, Minister
Plenipotentiary, Speaker of the Chamber of Deputies, President and judges
of the Court of Cassation and of thc Civil and Sharia Courts of Appeal,
retired military officers of the rank of Lt. General and above, former
Deputies who were elected at least twice as deputies, and other similar
personalities who enjoy the confidence of the people in view of the services
rendered by them to the Nation and the Country. |
|
| Article
65 |
(i)*
The term of office of Senators shall be four years. The appointment of
members shall be renewed every four years. Senators whose term of office
had expired may be reappointed for a further term.
(ii) The term
of office of thc Speaker of the Senate shall be two years but he may be
reappointed. |
|
| Article
66 |
(i)
The Senate shall meet simultaneously with the Chamber of Deputies and the
sessions shall be the same for both Houses.
(ii) If the
Chamber of Deputies is dissolved, the sessions of the Senate shall be suspended. |
|
Chapter
5:
The Legislative
Power. The National Assembly
PART II:
THE CHAMBER OF DEPUTIES
Article
67 |
The
Chamber of Deputles shall consist of members elected by secret ballot In
General direct election and in accordance with the provisions of an Electoral
Law which shall ensure the following principles:
(i) The integrity
of the election.
(ii) The right
of candidates to supervise the process of election.
(iii) The
punishment of any person who may adversely inflenec the will of voters. |
|
| Article
68 |
(i)
* The term of office of the Chamber of Deputies shall be four calendar
years commencing from the date of the announcement of thc results of the
general elections in the Official Gazette. The King may, by a Royal Decree,
Prolong the term of the Chamber for a period of not less than one year
and not more than two years.
(ii) A general
election shall take place during the four months preceding the end of the
term of the Chamber. If the election has not taken place by the end of
the term of the Chamber or if such election is delayed for any reason,
the Chamber shall remain in office until the election of a new Chamber. |
|
| Article
69 |
(i)
The Chamber of Deputies shall elect A its Speaker at the beginning of each
ordinary sesslon for a period of one calendar year, but he may he reelected.
(ii) If the
Chamber of Deputies meets in an extraordinary session and has no Speaker,
the Chamber shall elect a Speaker for a term o•f office which shall terminate
at the beginning of the ordinary session. |
|
| 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. |
|
| Article
71 |
| Thc
Chamber of Deputies shill 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 Secretarist of the Chamber within 15 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. |
|
| Article
72 |
| Any
deputy may resign his seat by notifying the Speaker of the Chamber of Deputies
in writing, and the Speaker shall place the resignation before the Chamber
for a decision as to whether the resignation should be accepted or rejected. |
|
| Article
73 |
(i)
If the Chamber of Deputies is dissolved. a general election shall be held,
and the new Chamber shall convene in an extraordinary sesslon 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 Arilele
78 of the present Constitution and shall be subject to the conditions prescribed
therein in respect of prolongation or adjournment.
(ii) If no
elections have taken place hy 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.
(iii) * 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.
(iv) * Notwithstanding
the provisions of paragraphs (i) snd (ii) 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 eleceions
impossible. for in paragraph (iv) 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 relnstatement.
It shall exercise its full constitutional powers and be subject to the
pvrovisions 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.
(vi) * Should
the Council of Ministers consider that the holding of general elections
in at least one half of the constituencies is possible inspite of the persistence
of the force ma jeure reffered to in this Article, the King may order the
holding of elections in such constituencies. The successful nembers 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 he by at least
a two-thirds majority and shall be in accordance with the provisions and
in the manner provided for in Articie 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 accordanse wlth
the provisions of this paragraph. |
|
|
| 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 fior election shall resign fifteen days at least before the beginning
of nomination. |
|
| Article
75 |
(i)
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 Interdlctlon has not been removed. (e) Who was sentenced to a term
of imprisonment exceeding one year for a non-polltical 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 apoaly 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.
(ii) 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 resolutlon
of two-thirds of the members of the House to which he belongs, be considered
inexistent and vacant, provided that such a resolution, if passed by the
Senate, is submitted to the King for ratification. |
|
| PROVISIONS
GOVERNING BOTH HOUSES
Article
76 |
| Subject
to the provisions of Article 52 of the present Constitutlon. no person
shall be allowed to be a member of either the Chamber of Deputies or the
Senate and a holder of a public office at the same time. Public office
means every office whose holder receives his salary from public funds;
it includes municipal offices. Similarly, no person shall be allowed to
be a member of both the Chamber of Deputies and the Senate. |
|
| Article
77 |
| Subject
to the provisions of the present Constitution relating to the dissolution
of the Chamber of Deputies, the National Assembly shall hold one ordinary
session during each year of its term. |
|
| Article
78 |
(i)
* 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.
(ii) 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.
(iii) * 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 four months unless the Chamber of Deputies is dlissolved
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
thc despatch of pending matters. At the expiration of the four months or
any such prolongation thereof, the King shall prorogue the Assembly. |
|
| Article
79 |
| The
King shall inaugurate the ordinary session of the National Assembly by
a Speech from the Throne addressed to a joint meeting of the Senate and
the Chamber of Deputies. He may depute the Prime Minister or any of the
Ministers to perform the inauguratlon ceremony and deliver the Speech from
the Throne. Each of the two Houses shall submit a petition which shall
contain its Reply thereto. |
|
| Article
80 |
| Every
Senator. and Deputy shall, before taking his seat, take an oath before
his House in the following terms: ``I swear by Atmighty God to be loyal
to the King snd to the Country and to uphold the Constitution, serve the
Nation and duly perform the duties entrusted to me''. |
|
| Article
81 |
(i)
The King may by Royal Decree adjourn the session of the National Assembly
for not more than three times, or two times only if He had postponed the
meeting of the National Assembly under paragraph i of Article 78, provided
that during any one session the period of such postponement shall not exceed
two months in the aggregate, including the period of postponement. In computing
the term of the session, the periods covered by any such adjournment shall
not be taken into account.
(ii) The Senate
and the Chamber of Deputies may adjourn their session from time to time
in conformity with their own Internal Regulations. |
|
| Article
82 |
(i)
The King may whenever necessary summon the National Assembly to meet in
an extraordinary session for an unspecified period for the purpose of deciding
matters to be Specified in the Royal Decree when the summons are issued.
An extraordinary session shall be prorogued by a Royal Decree.
(ii) The King
may sumnmon the National Assembly to meet in an extraordinary session at
the request of an absolute majority of the deputies. Such request shall
be contained in a petition specifying the matters which it is desired to
discuss.
(iii) The
National Assembly shall not discuss in any extraordinary session except
such matters as are specified in the Royal Decree convening the session. |
|
| Article
83 |
| The
Senate and the Chamber of Deputies shall each make its Internal Regulations
for the control and organization of its own proceedings and shall submit
such Orders to the King for ratification. |
|
| Article
84 |
(i)
* No meeting of either House shall be considered duly constituted unless
uttended 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.
(ii) 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. ln the case of equality
of votes the Speaker shall have a casting vote.
(iii) 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. |
|
| Article
85 |
| The
meetings of both the Senate and the Chamber of Deputies shall be public.
Secret mcetings may, however, be convened at the request of the Government
or of five Senators or Deputies. If such a request is made, the Senate
or Chamber of Deputies shall decide whether it should be accepted or rejected. |
|
| Article
86 |
(i)
No Senator or Deputy may be detained or tried during the currency of the
sessions of the National Assembly unless the House to which he belongs
decides by an absolute majority that there is sufficient reason for his
detention or trial or unless he was arrested flagrante delicto. In the
event of his arrest in this manner, the House to which he belongs, shall
be notified immediately.
(ii) If a
member is detained for any reason while the National Assembly is not sitting,
the Prime Mintster shall notify the Senate or the Chamber of Deputies when
it reassembles of the proceedangs which were taken against him, coupled
with the necessary explanation. |
|
|
| Article
87 |
| Every
Senator or Deputy shall have complete freedom of speech and expression
of opinion within the limits of the Internal Regulations of the Senate
or Chamber of Deputles, as the case may be, and shall not be answerable
in respect of any vote which he had cast or opinion expressed or speech
made by him during the meetings of the House. |
|
| Article
88 |
| *
When 8 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 notlfied 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 whom the provisions of the Constitution are applicable
and in the manner thc Chamber deems appropriate. |
|
| Article
89 |
(i)
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 thc request of the Prime Minister.
(ii) When
the Senate and the Chamber of Deputies hold a joint meeting, the meeting
shall be presided over by the Speaker of the Senate.
(iii) * 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 thc Senators and Deputies present, exclusive of the Speaker who, in
case of equality of votes, shall have a casting vote. |
|
| Article
90 |
| No
Senator or Deputy may be removed from his office except by a resolution
of the House to which he belongs, provided that, other than the case of
disqualification and combination of offices as prescribed in this Constitution
and in the Electoral Law. the resolution to remove a Senator or Deputy
must be taken by a two-thirds majority of the House. If the resolution
of removal concerns a Senator, the resolutlon must be submitted to the
King for ratification. |
|
| Article
91 |
| The
Prime Minister shall refer to the Chamber of Deputies any draft taw, and
the Chamber shall be entitled to acccpt, amend, or reject the draft law,
but in all cases the Chamber shall refer the draft law to the Senate. No
law may be promulgated unless passed by both the Senate and the Chamber
of Deputies and ratitfied by the King. |
|
| Article
92 |
| Should
either House twice reject any draft law and the other accept it, whether
or not amended, hoth the Senate and the Chamber shall hold a joint meeting
under the chairmanship of the Speaker of the Senate to discuss the matters
in dispute. Acceptance of the draft law shall be conditional upon the passing
of a resolution by a two-thirds majority of the members of both Houses
present. If the draft law is rejected as described above, it shall not
be placed again before the House during the same session. |
|
| Article
93 |
(i)
Every draft law passed by the Senate and the Chamber of Deputies shall
be submitted to the King for ratification.
(ii) A law
shall come into force after its promulgation by the King and the lapse
of thirty days from the date of its publication in thc official Gazette
unless it is specifically provided in that law that it shali come into
force on any other date.
(iii) If the
King does not see fit to ratify a law, He may, within six months from the
date on which the law was submitted to him, refer it back to the House
coupled with a statement showing the reasons for withholding His ratifcation.
(iv) If any
draft law (other than the Constitution) is referred back within the period
specified in the preceding paragraph and is passed for the second time
by two-thirds of the members of each of the Senate and the Chamber of Deputies,
it shall be promulgated. If the law is not returned with the Royal ratificatinn
within the period prescribed in paragraph (iii) above, it shall be considered
as promulgated and effective. If any draft law fails to obtain the two
thirds majority of votes, it cannot be reconsidered during the same session,
provided that lhe National Assembly may reconsider lhe draft during its
next ordinary session. |
|
| Article
94 |
(i)
In cases where thc National Assembly is not sitting or is dessolved, 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
(ii) Any law
proposed by Senators or Deputies In accordance with the preceding paragraph
and rejected by either House shall not be presented for a second time during
the same session. |
|
| Article
95 |
|
|
| Article
96 |
| Any
Senator or Deputy may address questions or interpellations to the Ministers
concerning any public matters, in accordance with the provisions of the
Internal Regulations of the Senate or the House (as the case may be). No
interpellation may be debated before the lapse of eight days from the date
of its receipt by the Minister, unless the case is of an urgent nature
and the Minister agrees to shorten this period. |
|
| Chapter
6: The Judictary
Article
97 |
| Judges
are independent, and in the exercise of their judicial functions they are
subject to no authority other than that of the law. |
|
| Article
98 |
| Judges
of the Civil and Sharia Courts shall be appolnted and dismissed by a Royal
Decree in accordance with the provisions of the law. |
|
| Article
99 |
The
courts shall be divided into three categories:
(i) Civil
Courts
(ii) Religious
Courts
(iii) Special
Courts. |
|
| 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. |
|
| Article
101 |
(i)
The courts shall be open to all and shall be free from any interference
in their affairs
(ii) The sittings
of the courts shall be public unless the court considers that it should
sit in camera in the interest of public order or morals. |
|
| Article
102 |
| *
The Clvil Courts in the Hashemite Kingdom of Jordan shall have jurisdiction
over all persons in all matters, civil and criminsl, including cases brought
by or against the Government. except those matters in respect of which
jurlsdictlon is vested in Religious or Special Courts in accordance wlth
the provisions of the present Constitution * or any other legislation in
force. |
|
| Article
103 |
(i)
The Civil Courts shall exercise their jurisdiction in respect to civil
and criminal matters in accordance with the law for the time being in force
in the Kingdom, provided that in matters affecting the personal status
of foreigners or in matters of a civil or commercial nature which in accordance
with international usage are governed by the law of another country, such
law shall be applied in the manner designated by the law.
(ii) Matters
of personal status are those which are defined by law and in accordance
therewith fall within the exclusive jurisdiction of the Sharia Courts where
the parties are Moslems. |
|
| Article
104 |
(i)
The Sharia Courts
(ii) The Tribunals
of other Religious Communities. |
|
| Article
105 |
The
Sharia Courts shall in accordance with their own laws have exclusive jurisdiction
in respect of the following matters:
(i) Matters
of personal status of Moslems.
(ii) Cases
concerning blood money (DlYA) where the two parties are Moslems or where
one of the parties is not a Moslem and the two parties consent to the jurisdictfon
of the Sharia Courts.
(iii) Matters
pertaining to Islamic Wakfs. |
|
| Article
106 |
| The
Sharia Courts shall in the exercise of their Jurisdiction apply thc provisions
of the Sharia law. |
|
| Article
107 |
| The
organization of the affairs of Moslem Wakfs and the administration of their
financial matters, among other matters, shall be regulated by a special
law. |
|
| Article
108 |
| The
Tribunals of Religious Communities are those for the non-Moslem religious
communities which have been or will be recognised by the Government as
established in the Hashemite Kingdom of Jordan. |
|
| Article
109 |
(i)
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 Wakfs constituted for
the benefit of the Communities concerned. Matters of personal status of
any such community shall be the same matters as are, in thc case of Moslems,
within the jurisdiction of the Sharia Courts.
(ii) Such
laws shall determine the procedure to be followed by the Tribrunals of
the Religious Communities. |
|
| Article
110 |
| Special
Courts shall exercise their jurisdiction in accordance with the provisions
of the laws constituting them . |
|
| Chapter
7: Financial Matters
Article
111 |
| No
tax or duty may be imposed except by law. Taxes and duties shall not include
the various kinds of fees which the Treasury charges in respect of services
rendered to members of the public by Government Departments or in consideration
of benefits accruing to them from the State Domain. In imposing taxes,
the Government shall be guided by the principles of progressive taxation,
coupled with the attainment of equality and social Justice, provided that
taxation shall not exceed the capacity of tax-payers or the State's requirements
for funds. |
|
| Article
112 |
(i)
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.
(ii) Voting
in respect of the budget shall take place on each chapter separately.
(iii) No sum
falling within the expenditure section of the General Budget may be transferred
from one chapter to another except by law.
(iv) The National
Assembly, when debating the General Budget draft law or the provisional
laws relating thereto, may reduce the expenditures under the various chapters
in accordance with what it considers to be in the public interest, but
it shall not increase such expenditures either by amendment or by the submission
of a separate reroposal, however, the Assembly may after the close of the
debate propose laws for lhe creation of new expenditures. Budget, no proposal
shall be accepted for the abrogation of an existing tax or the creation
of a new one or the amendment, whether by increase or reduction. of existing
taxes which are prescribed by financial laws in force, and no proposal
shall be accepted for amending expenditures or revenues fixed by contract.
(vi) The national
revenucs and ex- penditures estimated for cach financial year shall be
approved by the General Budget Law, provided that said Law may provide
for the allocation of any special sums for a period exceeding one year. |
|
| Article
113 |
| *
If it is not possible to enact the General Budget Law prior to the beginning
•of the new financial year, expenditures shall continue by monthly appropriations
at the rate of 1/12th for each month of the previous year's budget. |
|
| Article
114 |
| The
Council of Ministers may, with the approval of the King, issue regulations
for the control of appropriations and expenditures of the public funds
and the organisation of Government stores. |
|
| Article
115 |
| All
receipts from taxes and other sources of Government revenue shall be paid
into the Treasury and shall be included in the Governmcnt budget save where
otherwise provided by law. No part of the funds of the Treasury may be
appropriated or expended for any purpose whatever except under the law. |
|
| Article
116 |
| The
Civil List of the King shall be paid from the General Revenue and shall
be fixed in the General Budget Law. |
|
| Article
117 |
| Any
concession granting a right for the exploitation ol mines. minerals or
public utililies shall be sanctioned by law. |
|
| Article
118 |
| No
person shall be exempt from the payment of taxes or duties in circumstances
olher than those prescribed by law. |
|
| Article
119 |
An
Audit office shall be set up by law for controlling the State's revenues,
its expenses and the manner of expenditure:
(i) Thc Audit
Office shall submit to thc Chamber of Deputies at the beginning of each
ordinary session, or whenevcr the Chamber demands, a general report embodying
its views and comments and indicating any irregularities committed and
the responsibility arising therefrom.
(ii) The law
shall provide for the immunity of the Head of the Audit Office. |
|
| Chapter
8: General Provisions
Article
120 |
| The
administrative divisions of the Hashemite Kingdom of Jordan, the establishment
of the Government Departments, their classification, designations, the
plan of operations and the manner of the appointment of civil servants,
their dismissal, their discipline, supervision and the limits of their
competence and powers shall be determined by regulations issued by the
Council of Ministers with the approval of the King. |
|
| Article
121 |
| Article
121. Municipal and local council affairs shall be administered by municipal
or local councils in accordance with special laws. |
|
| 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. |
|
| Article
123 |
(i)
The Special Tribunal (Diwan Khass) may interpret the provisions
of any law which have not been interpreled by the courts if so requested
by the Prime Minister.
(ii) The Special
Tribunal shall consist of the President of the highest Civil Court as chairman,
two of its Judges and one senior administrative official, who shall be
appointed by the Council of Ministers, as members. It shall also include
a member delegated by the Minister concerned from among the senior officials
of the Ministry which is involved in the needed interpretation.
(iii) * The
Special Tribunal shall give its decisions by a majority of votes.
(iv) Decisions
given by the Special Tribunal and published in the Official Gazette shall
have the force of law. interpretation of laws shall be decided as they
arise by the courts of law in the usual course. |
|
| Article
124 |
| In
the event of an emergency necessitating the defence of the Kingdom, a law,
which shall be known as the Defence Law, shall be enacted giving power
to the person specified therein to take such actions and measures as may
be necessary, including the suspension of the operation of the ordinary
laws of the State. with a view to ensuring the defence of the Kingdom.
The Defence Law shall come into force upon its proclamation by a Royal
Decree to be issued on the basis of a decision of the Council of Ministers. |
|
| Article
125 |
(i)
In the event of an emergency of such a serious nature that action under
the preceding Article of the present Constitution will be considered insufficient
for the defence of the Kingdom, the King may by a Royal Decree, based on
a decision of the Council of Ministers. declare martial law In the whole
or any part of the Kingdom.
(ii) When
martial law is declared, the King may by a decree issue such orders as
may be necessary for the defence of the Kingdom, not-withstanding the provisions
of any law in force. Persons charged with the implementation of such orders
shall continue to he subject to legal liability for all acts committed
by them under the provisiesns of any such laws until they are relieved
of such responsibility by a special law to be enacted for the purpose. |
|
| Article
126 |
(i)
The procedure prescribed in the present Constitution with regard to draft
laws shall apply to any draft law for the amendement of this Constitution,
provided that any such amendment is passed by a two-thirds majority of
the members of each of the Senate and the Chamber of Deputies. In the event
of a joint meeting of the Senate and the Chamber of Deputies in accordance
with Article 92 of this Constitution, the amendment shall be passed by
a two-thirds majority of the members of both Houses, provided that in hoth
cases the amendment shall not come into force unless ratified by the King.
(ii) No amendment
of the Constitution affecting the rights of the King and the succession
to lhe Throne may be passed during the period of Regency. Article 127.
The duties of the Army shall be confined to the defence of the Kingdom
and its safety. |
|
| Article
127 |
(i)
Recruitment to the army. its organisation and the rights and duties of
its personnel shall be defined by law.
(ii) The organisation
of the police and gendarmerie, including their powers, shall be defined
by law. |
|
| Chapter
9: Enforcement and Repeal of Laws
Article
128 |
| All
laws, regulations and other legislative acts in force in the Hashemite
Kingdom of Jordan on the date on which this Constitution eomes into force
shall continue to be in force until they are repealed or amended by the
legislation issued thereunder. |
|
| Article
129 |
(i)
The Constitution of Jordan issued on the 7th December, 1946, together with
all amendments thereto, are hereby repealed.
(ii) The Palestine
Order-in-Council for the Year 1922 and the amendments thereto are hereby
repealed.
(iii) The
repeals referred to in the preceding two paragraphs shall not affect the
validity or any law or regulation made or act done thereunder prior to
the coming into force of the provisions of the present Constitution. |
|
| Article
130 |
| The
provisions of the present Constitution shall come into force on the date
of its publication in the Official Gazette. |
|
| Article
131 |
| The
Council of Ministers shall be charged with the execution of the provisions
of the present Constitution. |
|
|
Signatures
|
|
Tawfiq
Abul Huda
Prime
Minister and Minister ot Foreign Affairs
Sa'id
El-Muftl
Deputy
Prime Minister and Minister of Interior
Mohammad
Amin Shanqltl
Chief
Justice
Ruhi Abdul
Hadi
Minister
of Education
Suleiman
Sukkar
Minister
of Commerce and Economy
Anestas
Hanania
Minister
of Justice, Development and Reconstruction
Jamil
Tutunji
Minister
of Health and Social Affairs
Hashem
Jayousi
Minister
of Communications
Suleiman
Abdul Razzak Touqan
Minister
of Agriculture and Defence
Abdul
Halim Hmoud
Minister
of Finance
|
Geographical Data
