Megrendelés

Mousa Sami Al-Qaaida[1]: A short comparative note on the Jordanian and some European Constitutions (JURA, 2016/2., 298-303. o.)

1. Introduction

The law of a nation or state is governed by a constitution; it is a written document that describes the fundamental authority that the government has. It also defines the power that is distributed among the different government departments[1]. The laws of a nation should be guided by the provisions contained in the constitution, on basis of which the policies of the government should be made so that no action may lead to a constitutional crisis[2]. The constitution of every nation is important for both the nation and the people of that nation. The constitution provides social security to the people and it also states privileges and rights. The constitution serves as a supportive pillar of the system of government and states the action that a nation should take in order to govern and secure its citizens.

2. Functions of a constitution

Given the definition of the Constitution, we find that constitutional law is the basic law of the state, which means that all laws should be compatible with the principles and rules laid down by the Constitution. The Constitution determines numerous things, among others also the following.

The system of government: the Constitution determines if the form of the state is a monarchy or a democracy or a communist republic; and if democracy follows the system of parliamentary democracy or presidential democracy. One can see that some constitutions stipulate laicité (France), separate functioning but cooperation of the Church and State (Hungary), others provide for the basic religion of the state (Nordic states), whereas most of the Islamic countries stipulate that the state religion shall be Islam.

The executive branch: the Constitution lays down the authority granted to the head of state and the government, and includes the method of electing the head of state and his deputies, if applicable, as well as the method of forming the government and its terms of reference.

The legislative branch: the Constitution defines the authority of representing the nation in Parliament or the council/chamber of representatives. A Parliament can be unicameral or bicameral. The unicameral legislative body is considered the simplest form of law-making bodies. In Egypt, for example, under the Constitution of 1971 as amended to 2007, legislature took the form of two chambers, namely, the People's Assembly and the Shura Council[3]. The Shura Council (Arabic: ..., its name roughly translates into English as 'the Consultative Council') was a representative body that cooperated with the lower house of parliament to form a legislature. The Egyptian Shura Council was abolished by the 2014 Constitution. The Shura Council had to approve decisions issued by the Parliament before their implementation. (The Shura Council still exists and has this function in Saudi Arabia.) The Shura Council was composed of members who had different educational and cultural backgrounds, as it was important to have deputies for every class of society when voting on decisions. This structure resulted e.g. in Egypt in that peasants and workers made up half of the members of the Shura Council. The Council also had to comprise members who had the required experience and knowledge to participate in decision-making. Members of the Shura Council were selected by the head of state or through elections. The role of the Shura Council was specifically to study the decisions which were proposed by the Prime Minister and to make proposals or amendments concerning these decisions in line with the public interest. There were numerous laws and constitutional amendments that were adopted only with the involvement of the Shura Council. This was the case even when the head of state took any decision about emergency matters in the country.[4] He was obliged to ask for an opinion from the chairman of the Shura Council[5]. In Western democracies, the bicameral legislature is composed of two separate chambers, usually described as an 'upper house" and a "lower house", as in Germany and the United States. These usually differ in the duties and powers they exercise - the upper house being more revisionary or advisory in parliamentary systems - and the methods used for the selection of members. Nevertheless, legislature in a presidential system is considered often independent and coequal[6].

The judiciary (also known as the judicial system or court system) is the system of courts that apply the law in the name of the State. The courts have authority to settle disputes between individuals and between the State and individuals or between State organs themselves. The judiciary is also responsible for the official interpretation of the laws

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enacted by the Parliament and implemented by the government. It shall endeavour to achieve justice.

Here, the constitution must clearly and categorically define the terms of reference for each authority separately to ensure the separation of powers. The principle of the separation of powers is a cornerstone of any Western democratic system, and the distribution of powers between the different bodies helps to improve and ensure the democratic idea aimed at securing basic human freedoms and resistance to injustice and tyranny.

The principle of the separation of powers is applied in all countries. This is the case with the unwritten UK constitution and, for instance, with France, where the separation of powers and protection of rights and freedoms has been implemented since the French Revolution of 1789.

Furthermore, I am convinced that the constitution has to set the rules and principles that guarantee civil freedoms and the human rights of citizens, such as, freedom of religion, freedom of opinion and freedom of the press, freedom of assembly and inviolability of the home and sanctity of private life.

3. Differences between the constitutional framework of Jordan and that of European countries

3.1. Jordan is situated in the Middle East and bordered by Asia to the southwest and Saudi Arabia to the northwest. The constitution of Jordan[7] defines the form of state as an executive monarchy. It means that the Hashemite Kingdom of Jordan is a constitutional monarchy with a representative government. The reigning monarch is the chief executive and the commander-in-chief of the armed forces. The king exercises his executive authority through the prime minister and the Council of Ministers, or Cabinet. The Cabinet is responsible to the democratically elected House of Deputies, which, along with the House of Notables (Senate), constitutes the legislative branch. The judicial branch is an independent branch. In Jordan all legislative powers and authority are attributed to the King, along with all the executive powers.

In contrast to this, Europe is a continent situated in the Northern hemisphere to the west of Asia and is bordered by the Atlantic Ocean in the west, the Arctic Ocean in the north and the Mediterranean Sea in the south. Some states follow constitutional monarchy traditions, which emerged after the French revolution. A constitutional monarchy is also known as a parliamentary monarchy or limited monarchy where the governing authority of the monarch or sovereign head of nation is restricted by the constitution[8].

3.2. Jordan is also known as the Hashemite Kingdom of Jordan, which is an independent sovereign Arab State[9]. The religion of Jordan is Islam. The state is indivisible and inalienable and no part of it may be ceded. The people of Jordan form part of the Arab nation, and its system of government is a parliamentary system with a hereditary monarchy. The official language of Jordan is Arabic, the city of Amman is the capital, but special law may provide otherwise[10]. By contrast, Europe is the world's second-smallest continent by surface area, which consists of approximately 50 countries. European integration led to the formation of the European Union, a political entity that lies between a confederation and a federation. The EU originated in Western Europe but has been expanding eastward since the fall of the Soviet Union in 1991[11]. The EU also intended to have a Constitution, which effort failed. "Treaty establishing a Constitution for Europe. The Treaty establishing a Constitution for Europe (TCE), (commonly referred to as the European Constitution or as the Constitutional Treaty), was an unratified international treaty intended to create a consolidated constitution for the European Union (EU). It would have replaced the existing European Union treaties with a single text, given legal force to the Charter of Fundamental Rights, and expanded Qualified Majority Voting into policy areas which had previously been decided by unanimity among member states"[12],[13]. The religions followed in Europe are diverse in nature but the largest number of people follow Christianity, and the languages spoken in Europe include Dutch, English, German, Swedish, Greek, French and many others.

3.3. Jordan's Organic Law[14] (Basic Law) as instituted in April 1928, but soon after the abolishment of British rule, a new constitution was adopted in the year of 1947. After a few years, King Talal made some changes to the constitution and ratified the amended constitution on January 11, 1952[15]. It can thus be seen that the Jordanian Constitution has passed through several stages of development. Stage I was when Transjordan applied Ottoman laws. This lasted from 1921 to 1928. Stage II was when the Constitution of 1928 was adopted. It is known as the organic law which was issued during the reign of Prince Abdullah I bin Al-Hussein after the founding of the emirate. It was greatly needed by the people. Stage III indicates the Constitution of 1947. It was issued after the independence of Transjordan and this converted the state into the kingdom known as the Hashemite Kingdom of Jordan. It was issued during the reign of King Abdullah I bin al-Hussein. Stage IV means the Constitution of 1952. It was issued during the reign of King Talal, and was called the Constitution of the Unity. This version

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was more comprehensive, sophisticated and addressed all the issues related to political, economic and social life.

On the contrary, some states of the European Union follow a composite structure (ranging from federalism: Germany[16], to devolutive state: UK or regional state: Italy), where power is divided between a central government and several states, regions, (semi)autonomous regions[17].

3.4. As it has already been mentioned before, the constitution of Jordan stipulates executive monarchic rule, mandates the separation of state powers, regulates financial affairs and lays down the duties and rights of the citizens as well as other constitutional regulations[18]. Whereas the Constitutions adopted by some of the European countries also stipulate constitutional monarchic rule, under these constitutions the Prime Minister holds the authority of governance and exercises effective political power, while the King/Queen retains residual (but not always insignificant) powers. The powers of the monarch differ between countries. The legal system of Jordan follows a mixed legal system of Islamic religion and civil law[19]. It is mandatory for the Constitution of Jordan to separate the powers of the State by dividing them into executive, legislative, and judicial powers; even though they are exercised by the same monarch who, in his actions, is naturally bound by the Constitution. In comparison, the legal systems applied in Europe are classified into three groups, namely, the common law system, the civil law system, and the bi-juridical system. The bijuridical system constitutes a mixed legal system of civil law and common law[20]. The civil law system is common in all the states across mainly continental Europe, but common law is used in states such as Cyprus, the UK, Ireland and Malta. Apart from these two systems, the bi-juridical law is followed in Andorra, whereas Vatican City, where the Pope, the head of the Catholic Church is based, is the only state that follows religious law[21]. The citizens of Jordan are granted fundamental rights by the constitution, which include the freedom of religion, freedom of speech, academic freedom, the right to elect municipal and parliamentary representatives and freedom of association[22]. All of these rights, and even certain additional rights, are guaranteed to the citizens of European states and to EU citizens.[23] A citizen of a Member State of the EU is automatically a citizen of the EU. European Union citizenship was introduced by the Maastricht Treaty, which was signed in 1992, and has been in force since 1993.

3.5. "The throne of the Hashemite Kingdom is limited by inheritance to the dynasty of King Abdullah Ibn Al Hussein in a direct line through his male heirs as provided in the constitution"[24] As per Article 28, the throne of the Hashemite Kingdom of Jordan is in the hands of the King and he has to pass the royal title to his successor, in other words, the eldest son of the King will be anointed as the next King. If the eldest son dies before he succeeds to the throne, then the throne is inherited by his eldest son. The King of Jordan has several powers, including the power to appoint the Prime Minister, to order elections to the Chamber of Deputies, and to declare war. He is the supreme commander and is immune from any responsibility and liability[25]. On the other hand, in the European Union, the constitutions of the European countries lay down population-based voting, which means that people have the right to vote and elect the member of their choice[26].

3.6. Citizens in Europe, especially those of the EU[27], possess, among others, the right to vote and the right to choose the candidate of their choice in the elections, (voting in national parliamentary elections[28] and European parliamentary elections: a right to vote and stand in elections to the European Parliament, in any EU member state) and a right to vote and stand in local elections in an EU state other than their own, under the same conditions as the nationals of that state[29].

The right to move and reside anywhere freely within the European Union, free movement, settlement and employment across the EU is also provided.[30]

Accessing European government documents means a right to access Commission and Council, as well as, European Parliament documents.[31]

Lastly, I mention the right of equal access to the European Union Civil Services and other fundamental rights. There is also: a right not to be discriminated against on grounds of nationality within the scope of application of the Treaties.[32]

In Jordan, the Constitution of 1952, in its articles 5-23, specifies the fundamental rights and duties of Jordanians[33]. Jordanian citizens can exercise their rights on the basis of citizenship, and Jordanian Nationality shall be defined by law.[34]

According to Article 6 of the Jordanian constitution, there shall be no discrimination between Jordanians on grounds of race, language or religion as regards their rights and duties. 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 14 ensures that the State safeguards the free exercise of all forms of worship and religious rites in accordance with the customs observed in the Kingdom, unless this is inconsistent with public order or morality. The overwhelming majority of the population of Jordan are Arabs, mostly Muslims. A number of Jordanians are Christians,

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which is the second main religious community. There are also small minorities, including Circassians, Kurds, Druze, Chechens, Turkomans, and Armenians. The Jordanian state is very supportive of all cultural, ethnic, and religious components of its society. Examples for the violation of public order within the meaning of Article 14 of the Jordanian Constitution are as follows: if some Muslim people or those having other religious beliefs worship and practise their religious rites at the holy places of other religious communities, or interfere with the religious rituals of others. In other words, it is not permissible to use places of worship of other denominations for the purposes of rituals and the exercise of beliefs. It also constitutes a violation of the public order rule of the constitution if someone enters places of worship wearing inadequate clothing, such as short trousers, or speaks obscenities in these places, or raises his/her voice under the pretext of rituals and beliefs.

Article 22 of the Constitution provides that every Jordanian shall be entitled to be appointed to public offices under such conditions as are prescribed by law or regulations. 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. The right to be appointed and to compete for these public offices is a constitutional right of Jordanian citizens in general, and this provision of the constitution provides that the selection of the person to be appointed shall be made on the basis of merit. This person has to possess the essential qualifications for the work to be performed, according to the conditions and responsibilities set out for this public office. Appointments are to be made by a special commission or from within the public service on the basis of scientific, objective, impartial and transparent criteria for selecting the most capable and they must be free from political influence.

Lastly, I would like to mention Article 23 of the Constitution[35] about the right to work: 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. The State shall ensure this right by developing the economy, augmenting the national income, raising the standard of vocational qualification and expanding the scope of vocational training and education. The State shall be guided by this objective in determining its economic and social development policies. Every worker shall receive wages commensurate with the quantity and quality of his work. The number of hours of work per week shall be defined. Workers shall be given weekly and annual days of paid rest. 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. Special conditions shall be made for the employment of women and juveniles. Factories and workshops shall be subject to health safeguards. Free trade unions may be formed within the limits of the law.

4. Summary

In this paper I have offered a brief comparison of the constitutional framework of Jordan and that of some European states. It is evident that there are major differences, such as neutrality of state and religious state, and there are differences in the legal system itself. It can be also established that even similarities, which are seen as such at first glance, cannot be assessed as genuine similarities. This is the case, for instance, with the understanding of the separation of powers. This short comparative note has revealed that there are many aspects of constitutional law that still need to be analyzed in the context of Jordan and European states. ■

NOTES

[1] Beard, C.A. 2011. An Economic Interpretation of the Constitution of the United States. The Lawbook Exchange, Ltd

[2] International Institute for Democracy and Electoral Assistance. 2014. What Is a Constitution? Principles and Concepts. [Online]. Available at: http://www.constitutionnet.org/files/what_is_a_constitution_0.pdf [Accessed on September 16, 2015].

[3] The Constitution of the Arab Republic of Egypt, 1971 (as Amended to 2007). (Articles 194-205). [Online]. Available at: http://www.constitutionnet.org/files/Egypt%20Constitution.pdf [Accessed 17 April 2016].

[4] For regulations and models of emergency situations, see e.g. David Dyzenhaus, 'States of Emergency', in Michel Rosenfeld - András Sajó (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford University Press, Oxford 2012) and for state analyses of Hungary, the Czech Republic, Slovakia and Poland, respectively, see: eg. Tímea Drinóczi, Lóránt Csink and István Sabjanics, 'Hungarian constitutional law and interpretations of security', in Agnieszka Bien-Kacala, Jiľí Jirásek, L'ubor Cibulka, Tímea Drinóczi (eds.), Security in V4 constitutions and political practices (Wydawnictwo Naukowe Uniwersytetu Mikolaja Kopernika, Torun 2016) pp. 177-199, Vera Jirásova and Jiľí Jirásek, 'Concept of security of Czech Republic', in Agnieszka Bien-Kacala, Jiľí Jirásek, L'ubor Cibulka, Tímea Drinóczi, eds., Security in V4 constitutions and political practices (Wydawnictwo Naukowe Uniwersytetu Mikolaja Kopernika, Torun 2016) p. 65., 73-74., Martian Giba, 'State Security', in Agnieszka Bien-Kacala, Jiľí Jirásek, L'ubor Cibulka, Tímea Drinóczi (eds.), Security in V4 constitutions and political practices (Wydawnictwo Naukowe Uniwersytetu Mikolaja Kopernika, Torun 2016) p. 125., 129, Marek Domin, Constitutional mechanisms for eliminating security risks, in Agnieszka Bien-Kacala, Jiľí Jirásek, L'ubor Cibulka, Tímea Drinóczi (eds.), Security in V4 constitutions and political practices (Wydawnictwo Naukowe Uniwersytetu Mikolaja Kopernika, Torun 2016) pp. 158-159, Agnieszka Bien-Kacala, 'Category of security in light of Polish

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Constitution', in Agnieszka Bien-Kacala, Jiľí Jirásek, L'ubor Cibulka, Tímea Drinóczi (eds.), Security in V4 constitutions and political practices (Wydawnictwo Naukowe Uniwersytetu Mikolaja Kopernika, Torun 2016) pp. 48-49.

[5] The Constitution of the Arab Republic of Egypt, 1971 (as Amended to 2007). (Articles 194-205). [Online]. Available at: http://www.constitutionnet.org/files/Egypt%20Constitution.pdf [Accessed 17 April 2016].

[6] Chronowski Nóra - Drinóczi Tímea - Takács Tamara (eds.): Governmental Systems of Central and Eastern European States. Wolters Kluwer Polska - OFICYNA, Warsawa 2011.

[7] Constitution of the Hashemite Kingdom of Jordan [Jordan], 1 January 1952. (Articles 1, 28-40) available at: http://www.refworld.org/docid/3ae6b53310.html [accessed 26 April 2016]

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 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.

(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.

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

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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.

[8] Chambliss, W.J. 2014. e-Study Guide for: Discover Sociology by William J. Chambliss. Cram101 Textbook Reviews.

[9] Elhassan, S. 1952. The Constitution of Jordan. [Online]. Available at: http://www.representatives.jo/pdf/constitution_en.pdf [Accessed on September 18, 2015].

[10] Ibid

[11] Paul Craig and Gráinne de Búrca, EU Law: Texts, Cases and Materials (18 Aug 2011).

[12] Doe, N. 2011. Law and Religion in Europe: A Comparative Introduction. OUP Oxford.

[13] "The European Convention". European-convention.eu.int.

[14] This law is called the Organic Law of the Hashemite Kingdom of Jordan of 1928. This is the formal name of the Constitution. An organic law usually means a system of laws which forms the foundation of a government, corporation or any other organization's body of rules. In Jordan, however, the label of organic law started to be used as an official name of the Jordanian Constitution in 1928.

[15] National Centre for Human Rights. 2015. Constitution of the Hashemite Kingdom of Jordan [Jordan]. [Online]. Available at: http://www.nchr.org.jo/english/LegalPointOfReferance/NationalLegislations/JordanianConstitution/ConstitutionoftheHashemiteKingdomofJordan.aspx [Accessed on September 18, 2015].

[16] "Within Europe, there are several nations that practice federalism. The largest of these for instance, Germany, is made up of 16 semi-autonomous states, these 16 states each have their own constitution; in theory, they are subservient to the 1949 Basic Law document, which lays out the framework for how Germany is to be governed". Burgess, M. 2002. Federalism and the European Union: The Building of Europe, 1950-2000. Routledge.

[17] Keman, H., and Rommel, F.M. 2012. Party Government in the New Europe Volume 79 of Routledge/ECPR studies in European political science, European Consortium for Political Research. Routledge.

[18] Central Intelligence Agency. 2015. The World Factbook. [Online]. Available at: https://www.cia.gov/library/publications/the-world-factbook/geos/jo.html [Accessed on September 19, 2015].

[19] Ibid

[20] Thomson Reuters. 2015. A comparative overview of European legal systems. [Online]. Available at: http://findlaw.co.uk/law/government/european_law/basics_european_law/500253.html [Accessed on September 19, 2015].

[21] Ibid

[22] National Centre for Human Rights. 2015. Constitution of the Hashemite Kingdom of Jordan. [Online]. Available at: http://www.nchr.org.jo/english/LegalPointOfReferance/NationalLegislations/JordanianConstitution/ConstitutionoftheHashemiteKingdomofJordan.aspx [Accessed on September 19, 2015].

[23] Cf. constitutions and the European Charter for Fundamental Rights.

[24] Constitution of the Hashemite Kingdom of Jordan [Jordan], 1 January 1952, article 28 available at: http://www.refworld.org/docid/3ae6b53310.html [Accessed on September 20, 2015]

[25] Elhassan, S. 1952. The Constitution Of Jordan. [Online]. Available at: http://www.representatives.jo/pdf/constitution_en.pdf [Accessed on September 20, 2015].

[26] European Union. 2015. EU law. [Online]. Available at: http://europa.eu/eu-law/index_en.htm [Accessed on September 20, 2015].

[27] European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, available at: http://www.refworld.org/docid/3ae6b3b70.html [Accessed 28 April 2016]. Regarding the nature of the status of EU citizenship and its similarities to and differences from national citizenship, see: Ágoston Mohay, Davor Muhvič: The legal nature of EU citizenship: Perspectives from international and EU law, in: Timea Drinóczi, Zsombor Ercsey, Mirela Zupan, Mario Vinkovic (eds.): Contemporary legal challenges: EU - Hungary - Croatia (University of Pécs, Faculty of Law 2012) pp. 155-175.

[28] For Hungary, for example, see: Tímea Drinóczi, Dialogic interaction and legislation on parliamentary election in Hungary 2010-2014, 4 Osteurope Recht (2014) pp. 452-467

[29] European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, (Articles 39-40) available at: http://www.refworld.org/docid/3ae6b3b70.html [Accessed 29 April 2016].

[30] European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, (Articles 45) available at: http://www.refworld.org/docid/3ae6b3b70.html [Accessed 29 April 2016].

[31] European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, (Articles 42) available at: http://www.refworld.org/docid/3ae6b3b70.html [Accessed 30 April 2016].

[32] European Union, Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, (Articles 21) available at: http://www.refworld.org/docid/3ae6b3b70.html [Accessed 30 April 2016].

[33] Constitution of the Hashemite Kingdom of Jordan [Jordan], 1 January 1952, available at: http://www.refworld.org/docid/3ae6b53310.html [Accessed 1 May 2016].

[34] Constitution of the Hashemite Kingdom of Jordan [Jordan], 1 January 1952, article 5 available at: http://www.refworld.org/docid/3ae6b53310.html [Accessed 1 May 2016].

[35] Constitution of the Hashemite Kingdom of Jordan [Jordan], 1 January 1952, article 23 available at: http://www.refworld.org/docid/3ae6b53310.html [Accessed 1 May 2016].

Lábjegyzetek:

[1] The Author is PhD Student.

Tartalomjegyzék

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