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Jordan
CHAPTER ONE
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 be
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. It 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 TWO
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 to 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
tranquillity 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 by law.
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.
Article 12
No loans may be forcibly imposed and no property, movable or
immovable, may be confiscated except in accordance 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 render 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, societies or public bodies.
Article 14
The State shall safeguard the free exercise of all forms of worship
and religious rites in accordance 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 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.
(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 with the provisions of
the law.
(iv) 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
defence may be imposed by law.
(v) Control of the resources of newspaper shall be regulated 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 by-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
Jordanians are entitled to address the public authorities on any
personal matters affecting them, or on any matter relative to public
affairs, in such a manner and under such conditions as may be
prescribed by law.
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.
Article 19
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 20
Elementary education shall be compulsory for Jordanians and free of
charge in Government schools.
Article 21
(i) Political refugees shall not be extradited on account of their
political beliefs or for their defence of liberty.
(ii) Extradition of ordinary criminals shall be regulated by
international agreements and laws.
Article 22
(i) Every Jordanian shall be entitled to be appointed 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 legislation therefore
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 THREE
Powers: General Provisions
Article 24
(i) The Nation is the source of all powers.
(ii) The Nation shall exercise its powers in the manner prescribed
by the present Constitution.
Article 25
The Legislative Power shall be vested in the National Assembly and
the King. The National Assembly shall consist of a Senate and a
Chamber of Deputies.
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 be exercised by the courts of law in their
varying types and degrees. All judgements shall be given in
accordance with the law and pronounced in the name of the King.
CHAPTER FOUR
The Executive Power
Part I
The King and His Prerogatives
Article 28
The Throne of the Hashemite Kingdom of Jordan is hereditary 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 King may, 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.
* As amended in the Official Gazette No. 1831 of 1/4/1965
(b) Should the person entitled to the Throne die without a male
heir, the Throne shall pass to his eldest brother. In the event that
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
brothers according to their seniority in age.
(c) In the absence of any brothers or nephews, the Throne shall pass
to the uncles 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 King 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
succession 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 completion 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 appointed by a Royal Decree by the reigning King. If the King
dies without making 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 Viceregent or Council
of Viceregents. The Viceregent or Council of Viceregents shall 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, appoint a Viceregent or a Council
of Viceregents to exercise his powers during his absence. The
Viceregent or Council of Viceregents shall observe any conditions
which may be prescribed in the 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 Viceregent or any member of the Council of
Regency or of the council of Viceregents assumes his office he shall
take an oath, as prescribed in Article 29 hereof, before the Council
of Ministers.
(k) In the event of the death of the Regent or Viceregent or member
of the Council of Regency or of the Council of Viceregents, 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 Viceregent or member of the Council of Regency or of
the Council of Viceregents shall not be less than thirty years
according to the lunar calendar. However, any male relative of the
King who has completed his eighteenth year of age according to the
lunar calendar may be appointed to any such office.
(m) In the event of the King being incapacitated by any mental
illness, the Council of Ministers, on confirmation of his illness,
shall immediately convene the National Assembly. Should the illness
be definitely confirmed, the National Assembly shall by 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 before
the National Assembly, which shall be convened under the
chairmanship of the Speaker of the Senate, to respect and observe
the Constitution and be loyal to the Nation.
Article 30
The King is the Head of the State and is immune from any liability
and responsibility.
Article 31
The King ratifies the laws and promulgates them. He shall direct the
enactment of such regulations as may be necessary for their
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 Air Forces.
Article 33
(i) ** The King declares war, concludes peace and ratifies treaties
and agreements.
(ii) 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.
* As amended in the Official Gazette No. 1380 dated 4/5/1958.
** As amended in the Official Gazette No. 1396 dated 1/9/1958.
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.
* As amended in the Official Gazette No. 2523 dated 10/11/1974.
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 resignation, 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 King creates, confers and withdraws civil and military
ranks, medals and 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 Decree.
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.
Part II
Ministers
Article 41
The Council of Ministers shall consist of the Prime Minister, who
shall be the President, and of such number of Ministers as may be
needed and as public interest may require.
Article 42
No person 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 public 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 receive a salary from any company.
Article 45
(i) * 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.
(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.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
* As amended in the Official Gazette No. 1396 of 1/9/1958.
Article 46
Any Minister may be entrusted with the responsibility 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 Council
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 Ministers, 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
(i) * A motion 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.
* As amended in the Official Gazette No. 1179 17/4/1954.
Article 54
(i) 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.
(ii) * 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.
(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 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.
* As amended in the Official Gazette No. 1179 of 17/4/1954 and No.
1380 of 4/5/1958.
** As amended in the Official Gazette No. 1380 of 4/5/1958.
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 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.
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 the 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.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
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
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.
CHAPTER FIVE
The Legislative Power
The National Assembly
Article 62
The National Assembly shall consist of two Houses: The Senate and
the Chamber of Deputies.
Part I
The Senate
Article 63
The Senate, including the Speaker, shall consist of not more than
one- half of the 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 the 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 the Speaker of the Senate shall be two
years but he may be reappointed.
* As amended in the Official Gazette No. 1243 of 16/10/1955.
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.
Part II
The Chamber of Deputies
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:
(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 influence 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 the
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.
* As amended in the Official Gazette No. 1476 of 16/2/1960.
Article 69
(i) 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.
(ii) 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.
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
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.
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
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.
(ii) 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.
(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) and (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 elections
impossible.
(v) *** Should the force majeure provided 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
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.
(vi) **** 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.
* As amended in the Official Gazette No. 1243 of 16/10/1955.
** As amended in the Official Gazette No. 2523 of 10/11/1974 and re-
amended in the Official Gazette No. 2605 of 7/2/1976.
*** As amended in the Official Gazette No. 2605 of 7/2/1976.
**** This was added as per amendment in the Official Gazette No.
3201 of 9/1/1984.
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.
* As amended in the Official Gazette No. 1179 of 17/4/1954 and
No.1380 of 4/5/1958.
Part III
Provisions Governing Both Houses
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 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.
(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 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.
Article 76
Subject to the provisions of Article (52) of the present
Constitution, 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 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
despatch of pending matters. At the expiration of the four months or
any such prolongation thereof, the King shall prorogue the Assembly.
* As amended in the Official Gazette No.1179 of 17/4/1954.
** As amended in the Official Gazette No. 1243 of 16/10/1955.
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 deputise the Prime
Minister or any of the Ministers to perform the inauguration
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 Almighty God to be loyal to the King and 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 summon 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 organisation 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 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.
(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. In 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.
* As amended in the Official Gazette No. 1179 of 17/4/1954.
Article 85
The meetings of both the Senate and the Chamber of Deputies shall be
public. Secret meetings 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 flagrant 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 Minister shall notify the Senate
or the Chamber of Deputies when it reassembles of the proceedings
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 Deputies, 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 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.
* As amended in the Official Gazette No. 2414 dated 8/4/1973.
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 the 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 the 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 resolution must be submitted to the King for
ratification.
Article 91
The Prime Minister shall refer to the Chamber of Deputies any draft
law, and the Chamber shall be entitled to accept, 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 ratified by the King.
Article 92
Should either House twice reject any draft law and the other accept
it, whether or not amended, both 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 the
Official Gazette unless it is specifically provided in that law that
it shall 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 ratification.
(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 ratification 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 the National Assembly may reconsider the
draft during its next ordinary session.
Article 94
(i) * 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.
(ii) Provisional laws shall have the same force and effect as laws
enacted in accordance with paragraph (ii) of Article (93) of this
Constitution.
* As amended in the Official Gazette No. 1380 of 4/5/1958
Article 95
(i) * Any ten or more Senators or Deputies may propose any law. Such
proposal shall be referred to the committee concerned in the House
for its views. If the House is of the opinion that the proposal be
accepted it shall refer it to the Government for drafting it in the
form of draft law, and to submit it to the House either during the
same session or at the following session.
(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.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
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 SIX
The Judiciary
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 appointed 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 Civil Courts in the Hashemite Kingdom of Jordan shall have
jurisdiction over all persons in all matters, civil and criminal,
including cases brought by or against the Government, except those
matters in respect of which jurisdiction is vested in Religious or
Special Courts in accordance with the provisions of the present
Constitution ** or any other legislation in force.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
** As Amended in the Official Gazette No. 1396 1/9/1958.
Article 103
(i) The Civil Courts shall exercise their jurisdiction in respect of
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.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
** As Amended in the Official Gazette No. 1396 1/9/1958.
Article 104
The Religious Courts shall be divided into:
(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 (Diya) where the two parties are
Moslems or where one of the parties is not a Moslem and the two
parties consent to the jurisdiction of the Sharia Courts.
(iii) Matters pertaining to Islamic Waqfs.
Article 106
The Sharia Courts shall in the exercise of their jurisdiction apply
the provisions of the Sharia law.
Article 107
The organisation of the affairs of Moslem Waqfs 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 110
Special Courts shall exercise their jurisdiction in accordance with
the provisions of the laws constituting them.
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 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.
(ii) Such laws shall determine the procedure to be followed by the
Tribunals of the Religious Communities.
CHAPTER SEVEN
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 proposal. However, the Assembly may after the close of the
debate propose laws for the creation of new expenditures.
(v) During the debate of the General 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 revenues and expenditures estimated for each
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 of 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
Government 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 of mines,
minerals or public utilities shall be sanctioned by law.
Article 118
No person shall be exempt from the payment of taxes or duties in
circumstances other 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) 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 therefrom.
(ii) The law shall provide for the immunity of the Head of the Audit
Office.
CHAPTER EIGHT
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
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 interpreted 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.
(v) All other matters concerning the interpretation of laws shall be
decided as they arise by the courts of law in the usual course.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
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,
notwithstanding the provisions of any law in force. Persons charged
with the implementation of such orders shall continue to be subject
to legal liability for all acts committed by them under the
provisions of any such laws until they are relieved of such
responsibility by a special law to 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 amendment 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 both 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 the 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.
(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 NINE
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
comes 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 of 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
1/1/1952 Talal
Signatures
Tawfiq Abul Huda, Prime Minister and Minister of Foreign Affairs
Sa’id El-Mufti, Deputy Prime Minister and Minister of Interior
Mohammad Amin Shanqiti, 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
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