The Constitutional Controls over Issuing Temporary Laws in the Jordanian Constitution of 1952 In Light of the Constitutional Amendments of 2011
This Study tackles a significant subject in the successive Jordanian constitutional systems, which are temporary laws issued by the council of ministers with approval of the King in accordance with Article (94) of the Constitution. This Article has been of criticism of Jurists and researchers because of the expansion of qualifying subjective and temporal circumstances for issuing them. Therefore, the competent authority of constitutional amendment opined that the constitutional amendments should include the constitutional provision, which governed issuing like this kind of legislation. Hence, the constitutional legislator restricted the Executive Authority having jurisdiction of issuing them within a period of four months following only the decree of the dissolution of the Chamber of Deputies. This temporal restriction must be coincident with one of the exceptional circumstances identified by the constitutional legislator, which are the state of war, emergencies, public disasters, and the need to pay out urgent financial expenses. These laws are subject to the censorship of the Parliament in the first session it holds, in which the Parliament might endorse these laws, then they, concerning their legal description, change from temporary to ordinary laws. The Parliament might amend or reject them. In this situation, the council of ministers must, with approval of the king, pronounce their nullification immediately without affecting the acquired rights. These laws also are subject to the judicial review represented by the Constitutional Court review on constitutionality of these laws by virtue of Article (59) of the Constitution. The study has concluded several recommendations and outcomes. Among the most substantial outcomes is that despite the constitutional amendment of Article (94) restricting the jurisdiction of the Executive Authority to issue the temporary laws, but in the more confined exceptional circumstances, the state of public disasters might be interpreted widely by the Executive Authority leading to the expansion of issuing them. The constitutional amendment has passed over clarifying the authority competent to issue this kind of laws within the time between the periods of holdings identified by six months.
Lemon, Awad Rajab and Al-Hayajneh, Ahmed Musa
"The Constitutional Controls over Issuing Temporary Laws in the Jordanian Constitution of 1952 In Light of the Constitutional Amendments of 2011,"
UAEU Law Journal: Vol. 2017:
71, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2017/iss71/6