CONSTITUTIONAL LAWOF
JORDAN Full
Text
THE CONSTITUTION OF 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 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 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
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.
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. 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 18. 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 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.
Ar-ticle 20. Elementary education shall be co pulsory for Jordanians and free
of charge in Government schools.
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 THREE
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 FOUR
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.
PART TWO
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 FIVE
The Legislative Power.
The National Assembly
Article 62. The riational 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 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.
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.
PART II: PROVISlONS GOVERNlNG 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
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.
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 i
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 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 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. 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 (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 SEVEN
Financlal 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 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)
(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.
(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 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.
1/1/1952 Talal
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
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