Constitution

Jordan 1952 Constitution (reviewed 2016)

Table of Contents

CHAPTER 9. General Provisions

Article 120

The administrative divisions of the Hashemite Kingdom of Jordan, the structures of Government Departments, their grades, designations, method of administration, and the manner of the appointment of civil servants, their dismissal, their supervision and the limits of their authorities and competences shall be specified by regulations issued by the Council of Ministers with the approval of the King.

Article 121

Municipal affairs and local councils shall be administered by municipal or local councils in accordance with special laws.

Article 122

1.

A High Tribunal shall be composed of the Speaker of the Senate, as President, and of eight members: three of whom shall be appointed by the Senate from its members by ballot, and five from the judges of the highest civil court in the order of seniority; and when necessary, the number shall be completed from the presidents of the courts that follow it in the order of seniority as well.

  1. The High Tribunal shall have the right to interpret the provisions of the Constitution if it is so requested by a decision issued by the Council of Ministers or by decision taken by either House of Parliament by absolute majority; and shall be effective after its publication in the Official Gazette.
  2. This Article shall be considered as necessarily null and void once the Constitutional Court law is put into effect.

Article 123

1.

The Special Tribunal (Diwan ) shall have the right to interpret the provision of any law which has not been interpreted by the courts if it is so requested by the Prime Minister.

  1. The Special Tribunal shall be composed of the President of the highest civil court as President, and the membership of two of its judges and one of the senior administration officials to be appointed by the Council of Ministers, to whom shall be added a member from among the senior officials of the Ministry related to the requested interpretation to be delegated by the Minister.
  2. The Special Tribunal shall issue its decisions by majority.
  3. The decisions issued by the Special Tribunal and published in the Official Gazette shall have the force of law.
  4. All other matters related to the interpretation of laws shall be decided by courts as they arise in the usual manner.

Article 124.

In the event of what necessitates the defence of the country in the case of emergencies, a law in the name of the Defence Law shall be enacted by virtue of which power shall be given to the person specified by the law to take the necessary actions and measures including the power of the suspension of the ordinary laws of the State to ensure the defence of the country. The Defence Law shall come into force when this is declared by a Royal Decree to be issued on the basis of a decision by the Council of Ministers.

Article 125

1.

In the event of dangerous emergencies where the actions and measures under the preceding Article of this Constitution are considered insufficient for the defence of the Kingdom, the King, based on the decision of the Council of Ministers, may by a Royal Decree declare martial law in the whole of the Kingdom or any part thereof.

  1. When martial law is declared, the King may by a Royal Decree issue any instructions as may be necessary for the purposes of the defence of the Kingdom, notwithstanding the provisions of any law in force. All persons charged with the implementation of such instructions shall remain to be subject to the legal liability resultant from their acts under the provisions of the laws until they are relieved of such liability by a special law to be enacted for this purpose.

Article 126

1.

The procedures prescribed in this Constitution with regard to draft laws shall apply to any draft for the amendment of this Constitution; it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of each of the Senate and the House of Representatives. In the event of the meeting of the two Houses in accordance with Article (92) of this Constitution, it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of whom each House is composed. In both cases, it shall not be considered effective unless ratified by the King.

  1. No amendment may be made to the Constitution during the period of Regency as regards the rights of the King and his succession.

Article 127

  1. The mission of the military shall be restricted to the safety and defense of the homeland.
  2. A law shall define the rules of the military, the intelligence services, the police and the gendarmerie, as well as the rights and duties of their members.
  3. The King appoints the commander of the army and the director of intelligence and the director of the gendarmerie and accepts their resignations.