The doctrine of the separation of powers is the cornerstone of any democratic system in the world. It is often assumed to be one of the cornerstones of fair government that the holders of power need to be balanced off against each other. The importance of the doctrine lies in the fact that it seeks to preserve the basic human liberty and resistance by avoiding concentration of powers in one person or body of persons. The principle implies that each organ should be independent of the other, since injustice and tyranny means the concentration of power in the hands of the ruling party[1]. The separation of powers is a method of removing the amount of power in any group's hands, making it more difficult to abuse. The separation of powers emphasizes the mutual exclusiveness of the three organs of government, legislature, executive and judiciary. Each of these organs should exercise only one type of function, otherwise it will pose a threat to personal freedom[2].
The separation of powers is of great importance in Jordan with a view to preventing abuse of power or the predominance of one state power over the other, as well as enhancing the concept of respect for human rights and protecting fundamental freedoms for all. Therefore, if one branch of government overreaches its power or infringes on the rights of citizens, the other branches can intervene. "Jordan's political system is based on a flexible separation of the three powers, yet they function in integration"[3].
The aim of this paper in studying the topic of the separation of powers in the Jordanian Constitution is to explain how the principle of the separation of powers works in the Jordanian system. Also, the paper uses an analytical method that focuses on the importance of the appropriate understanding of the separation of powers principle.
In the light of the above, the separation of powers in the Constitution of Jordan is discussed as follows. The study consists of three units: the first unit provides an introduction into the principle of the separation of powers, the second unit gives a comprehensive overview of the Jordanian political system, addressing the parliamentary system in the first part, and the nature of the Jordanian political system and the application mechanism of the separation of powers in the second part. The third unit focuses on the extent of success in applying the principle of the separation of powers, the ability of the three powers to interact with each other and the powers of the Senate. The paper ends with a conclusion.
The principle of separation of powers is an essential element of the rule of law and of a constitution designed to ensure the freedoms of individuals. It also prevents arbitrariness and despotism by the various authorities through the presence of equality, balance, cooperation and checks on one another. The system of separation of powers divides the tasks of the State into three branches: legislative, executive and judicial. Also it is responsible for the smooth running of a democratic government in our societies. There is a difference in the principle of separation of powers between the countries according to their constitution and circumstances. The Jordanian constitution operates on the principle of division of functions between the three powers of the state and establishing cooperation between these powers. The Jordanian constitution assures separation between the three organs of the state. The legislature wields law-making power which is exercised by the King and the National Assembly. The executive power rests with the King and in his cabinet. The judiciary is completely independent of any influence from the executive or legislative powers; the courts in Jordan are subject to no other authority than that of the law.[4],[5]
The Jordanian constitution of 1952 is considered one of the mature constitutions in the Arab world. Apart from being consistent and in line with international standards, the Jordanian constitution also works on the establishment of a balanced, complementary and participatory relationship between these three powers. The legislative power has the right to oversee the executive power's performance and hold it accountable[6]. Yet, the executive power has the right to propose draft laws and to issue provisional laws when deemed necessary. The Jordanian Constitution adopted the principle of cooperation between the legislative and executive powers in enacting legislation, which forms
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the basis for the constitutional and parliamentary life in the state and for the establishment of the principles of democracy inspired by the reality of Jordan[7]. The principle of separation of powers deals with the interrelations between the three organs of the government, namely legislature, executive and judiciary to bring exclusiveness in the functioning of the three organs and hence a strict demarcation of power.[8],[9]
The Jordanian constitution has established mutual control of the three powers over each other through the exercise of several rights[10]:
1) The executive power has the right to submit draft laws, whereas the House of Representatives has the right to amend, pass or reject the draft.
2) The legislative power has the right to control the operation of the executive power, which means that the Parliament has the right to hold ministers accountable for their actions, and the members of the legislative power represented by the parliament have the right to question ministers and vote no confidence and dismiss the ministry. On the other hand, the executive power represented by the King, has the right to dissolve the House of Representatives. Thus, the Jordanian constitution has adopted a flexible form of separation between the three powers[11].
3) The executive power has the right to convene the National Assembly, to postpone the ordinary sessions or to call for a special session. These rights indicate interference by the executive power in Parliament's affairs and provide some sort of control over Parliament. The Jordanian constitution defines the duties and functions of the three powers; the relationship between these powers is participatory based on balance and integration. As the legislative power has the right to hold the executive power accountable, the government is controlled by Parliament[12].
4) The executive power has the right to dissolve the Parliament and call for a new election. On the other hand, the legislative power has the right to grant confidence, vote no confidence or abstain from voting.
The Jordanian Constitution of 1952 organized the relationship between the legislative and the executive power on the basis of the principle of flexible separation between the powers, so that the relationship between these authorities is participatory based on balance and complementarity in accordance with the provisions of the constitution[13]. This means:
Genuine, transparent, free and fair elections held on the basis of universal, equal and secret suffrage. The aim is to ensure the integrity of the process of election in accordance with the constitutional provisions. Furthermore, State authorities should ensure that the ballot is conducted so as to avoid fraud or other illegality.
Forming a responsible government that exercises its powers based on effective terms of reference in accordance with the provisions of the Constitution; responsible government means that the executive government is responsible to the parliament.
The commitment of all authorities, organs of government to the provisions of the Constitution and laws prescribed. It shall be the responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of the Constitution. This also includes the enforcement of the political rights and rules established by the Constitution.
Actual control of the House of Representatives over the operation of the government in accordance with the provisions of the Constitution.
The existence of a positive relationship based on cooperation between the powers of the State in order to achieve the national interest in accordance with the provisions of the Constitution.
If the above conditions have been met, society will enjoy stability where everyone feels that they have got rights which are guaranteed by the Constitution. The nation shall exercise its powers in the manner prescribed by the present Constitution. Jordan's political system is based on drawing up long-term policies that function as stable constants to the State and its relations, a matter that allows successive governments to work within a unified framework
The current Jordanian constitution has broken away from the mixed composition of powers that existed in the previous constitutions[14], one of the most important drawbacks of which was that it did not ban members of Parliament from engaging in the ministry. This conflicted with modern democracies where a member of parliament should only be an observer of the work of the government; also similarly, in some parliamentary systems no person shall be allowed to be a member of both the ministry and of parliament.[15]
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Most of the provisions of the Jordanian Constitution have been adopted from parliamentary systems and contemporary democracies, while the Jordanian constitution of 1952 derived its basic rules from the consolidated version of the Belgian constitution. It is based on a constitutional monarchy where the monarch is immune from all liability or responsibility. On the other hand, both have a common legal and philosophical basis and adopt a single philosophy of governance: the adoption of the parliamentary monarchy as a method of governance, ensuring the separation of powers, the adoption of ministerial responsibility and ensuring the rights and freedoms of citizens in a clear form.[16],[17] Article 24 of the Jordanian Constitution provides that the nation shall be the source of all powers. Therefore, given the sovereignty of the nation, the nation shall exercise its powers in the manner prescribed by the present Constitution, which principle constitutes one of the pillars of democracy. The Jordanian Constitution lays down a two-chamber system or "bicameral parliamentary system".[18],[19]
The Jordanian Constitution of 1952 and its subsequent amendments have allocated currently applicable Chapter VI to the legislative power under the title of "The Legislative Power - The National Assembly". According to Article 62, the National Assembly consists of two chambers: the Senate and the Chamber of Deputies. The legislative power of the people shall be exercised by Parliament, but the Jordanian Constitution of 1952 builds on the existence of a relationship between the legislative and executive power based on cooperation and mutual control. In other words, the articles of the Constitution give the executive power the right to propose draft laws and to issue provisional laws when deemed necessary, which enables it to participate in the legislative process, in exceptional circumstances that might threaten the state's existence, such as war, terrorism, internal disturbances or natural disasters. The constitution now allows the Parliament to delegate its legislative power to the executive power to enable it to participate in the legislative process, thus maintaining control over the executive[20].
The Constitution of Jordan has laid down a number of powers, entitlements and rights of the King as described in Chapter IV Section I on the King and his rights, including Articles 28 to 40 of the current Constitution[21]. Therefore, the King exercises most of his constitutional rights by issuing the Royal Decree[22] signed by the Prime Minister and the competent Ministers. The King does not exercise these rights individually, because the King is the Head of the State, the chief executive and the commander-in-chief of the armed forces and is immune from any liability and responsibility, and the responsibility falls upon the Council of Ministers.
The King in the Jordanian political system is the head of state and the symbol of the state's unity and national identity, and has the highest status that cannot be touched. The King's rule is founded on several kinds of legitimacy such as, religious legitimacy, historical and national legitimacy, political legitimacy based on acceptance and popular satisfaction and continuous communication, and finally the legitimacy of achievement at all levels, namely economic, political and social.
The Jordanian parliament consists of two chambers, the Senate and the House of Representatives, the latter being elected by the electorate directly and the former being appointed by the King, which fits into the parliamentary framework adopted by many countries, primarily the United Kingdom as well as some Arabic countries, such as the Republic of Egypt and the Kingdom of Morocco. The Jordanian parliamentary system is a system where the King is not politically accountable to the House of Representatives; the King is the head of a constitutional monarchy in which the King retains substantial power[23]. As opposed to this, the government and the two chambers are responsible and this is realized through the relations of cooperation between the legislative and executive power and their mutual control over each other.
The House of Representatives is the legislative body representing the Jordanian people, where all members are elected by a popular secret direct ballot. The right to elect members to the Chamber of Deputies is a right ensured for every Jordanian national who is over 18[24].
Elections are held in Jordan on the basis of the division of the kingdom into a number of electoral districts, which means that every district has a number of seats, according to its population. The new electoral law of Jordan has introduced an open proportional list system at the district level to reduce the number of parliamentary seats from 150 to 130 for the legislative power[25].
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Every candidate for membership of the House of Representatives (the Chamber of Deputies) shall meet the following criteria:
No person shall become a Senator or Deputy: Who has not been a Jordanian national for at least ten years, who has been sentenced for bankruptcy, where his/her legal status has not been rehabilitated, who has been interdicted or placed under guardianship by a court's order, where such guardianship has not been lifted and the interdiction has not been removed, who has been sentenced to imprisonment for more than one year for a non-political offence for which he has not been pardoned, who is deemed insane, an imbecile or retarded, who is a relative of the King within the degree of consanguinity to be prescribed by a special law or assigned by special legislation[26] and who is a contractor for the government or has any financial interests in government contracts[27].
Jordan's Constitution of 1952, including the amendments of May 2016, provides in Article 68 that the term of the mandate of the House of Representative is four calendar years commencing from the date of the announcement of the results of the general election in the Official Gazette (as amended in the Official Gazette No. 1476 of 16 February 1960). Article 68 changed as follows after the possibility of extending the term was added: The King may, by a Royal Decree, prolong the term of the House for a period of not less than one year and not more than two years. The basic justification for this amendment was to face the problem of the possibility of holding legislative elections at the prescribed time due to the constitutional situation caused by the Israeli occupation of the West Bank disrupting the unity between the two shores. Therefore, the King was given the right to extend the term of the House of Representatives after the expiration of its mandate for a period of not more than two years as an alternative to holding new legislative elections. The previous text was applied for the first time on 15 April 1971, when the mandate of the Council of Representatives, which was elected on 15 April 1967, expired. In light of the inability to hold new legislative elections in the eastern and western banks due to the occupation of the West Bank by Israel in June of the same year, the mandate of the Council was extended based on the provisions of Article 68 of the Constitution until 15 April 1973[28]. The King has the right to prolong[29] the term of the House by a Royal Decree for a minimum of one year and not more than two years[30].
(Public offices. Public office means any office whose holder receives his salary from public funds; this includes municipal departments). In accordance with Article 76 of the Constitution, no person shall be a member of either the House of Representatives or Senate who at the same time holds some other public office, is employed by the government, or any subdivision or agency thereof. Public office means any office whose holder receives his salary from public funds, and it includes municipal offices. Similarly, it is not allowed to be a member of both the House of Representatives and the Senate[31]. Whereas candidates, such as employees of ministries, government departments, public and official institutions, the Mayor of Amman, members of Amman Municipal Council and municipal employees of that Council, shall not nominate themselves for membership of the House of Representatives unless they have submitted their resignation at least sixty days before the date set for voting. There is an exception for ministers, who must submit their resignation fifteen days before the deadline set for candidate nominations in order to stand for any by-elections conducted in accordance with the provisions of this Law[32].
The simultaneous holding of membership of the House of Representatives and of a public office is contrary[33] to the parliamentary system; moreover, this combination is contrary to the principle of the separation of powers. Furthermore, the combination is contrary to the principle of cooperation between the legislative and executive powers, which is to give the legislative power the right to control the operation of the executive power[34].
Arab political systems differ in their position on the principle of the separation of powers and its application, due to the political trends in those states. We find, for example, that the regime in
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Jordan has adopted the principle of separating powers into three branches that check on and balance each other, which is characterized by flexibility. The fundamental principles of the Community include, inter alia, good governance, adherence to the principles of democracy, the rule of law, social justice and the protection of human rights. Basically a constitution is a political document. In addition, it is a political manifesto showing the political direction or orientation and the type of government that the people want. Therefore, a constitution is the embodiment of rules the society has laid down to regulate and govern it-self[35]. There are three main organs of the government in Jordan: the legislature, the executive and the judiciary[36].
Article 65 of the Constitution provides that 'the term of office of Senators shall be four years'. The appointment of members shall be renewed every four years. The King appoints members of the Senate, appoints the Speaker from amongst them and accepts their resignation (Article 36 of the Jordanian constitution)[37].
Article 66 of the Jordanian Constitution provides that the Senate shall meet simultaneously with the Chamber of Deputies and the sessions shall be the same for both Houses. In addition, if the Chamber of Deputies is dissolved, the sessions of the Senate shall be suspended. The Senate enjoys equal status with the lower house on the level of legislation.
Senate members enjoy parliamentary immunity, Senators are exempt from liability for their opinions (within the limits of the Internal Regulations of the Senate), the Senate also meets privately to conduct its sessions, and in this case, the Speaker of the Senate shall inform the Prime Minister and the ministers about the date of the meeting and the agenda[38].
The powers of the Senate cover participation in the legislative process. Most bills are referred to the standing committees; the Senate has nine Standing Committees[39].
In addition, the Senate can form ad hoc committees, and determine the number of their members, their functions and term of duration. The Senate looks into citizens' public and private concerns. Every Jordanian citizen has the right to bring to the Senate a complaint regarding personal or public matters.
Standing Committees in the Jordanian Senate enjoy wide powers in the field of legislation. Moreover, the committees are essential to the effective operation of legislative bodies. Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. In addition, there are members of interim committees, which are set up when the need arises. These committees have the role to study the Draft Bills referred to them by the president of the Council and to discuss policies and decisions relevant to their different mandates. Each committee elects its chairman. Members of both houses enjoy the same full freedom of expression when speaking in Parliament.
In many bicameral countries, such as Jordan, which is an example of a bicameral legislative system existing in a unitary state, the House of Representatives is the prevailing legislative power, because it represents the popular will, being elected by the people. A bicameral parliament is one that contains two separate assemblies who must both agree when new laws are made[40]. The Senate, in concert with the House of Representatives, plays an important role in the operation of Jordan's government. In addition to passing legislation, a right that is exercised by both chambers together, the Senate also has a number of unique and special powers. If the two chambers differ over any bill, the Senate and the House of Representatives hold a joint meeting. This meeting shall be presided over by the speaker of the Senate. As stipulated by Article 91 of the Constitution, the Prime Minister shall refer to the House of Representatives any draft law, and the House shall be entitled to accept, amend, or reject the draft law, but in all cases, the House shall refer the draft law to the Senate. No law may be promulgated unless it is passed by both the Senate and the House of Representatives and confirmed by the King[41].
In addition to its legislative functions, the Senate exercises the function of oversight. Oversight of the work and actions of the executive power is one of the Senate's basic functions pursuant to the Constitution and the Internal Regulations of the Senate. Due to the nature of the Senate's oversight function, it carries out two roles. The first role is that of political oversight, which lies in overseeing the work of the Government in running state affairs[42], guaranteeing its abidance by the Constitution and the State's laws and regulations to realize
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the public interest and safeguard it.[43],[44] The Senate exercises its oversight function through several tools specified in the Constitution and the Internal Regulations of the Senate as follows: the posing of questions, interrogation, putting forward a general topic for discussion, petitions and complaints and suggestions. The second role is that of financial oversight, carried out via the following: the Senate participates in adopting the draft state budget law, oversees taxation and concessions contracts[45], to make sure that no tax or fee is imposed without a law adopted by the Senate and the House of Representatives. On the other hand, the House of Representatives carries out financial oversight together with the Senate, in other words, both houses have a parliamentary prerogative to oversee State affairs and monitor the Government policy by adopting the draft state budget law and overseeing taxation and concession contracts.
The Jordanian Senate has also played an active role in the process of political reform by studying the interim laws passed by the National Assembly and approving them in order to accelerate the process of political reform.
The system of government in Jordan is based on the separation of the three powers (Legislature, Executive, and Judiciary). According to the Jordanian Constitution of 1952, which has specified the mandate of the three authorities, every authority shall exercise its mandate without interference into the business of the other authorities. The relationship between these three powers is balanced, complementary, participatory and flexible.
The Jordanian Constitution provides for the separation of powers between the executive, legislative, and judicial powers of government by laying down the articles relating to each power in a separate chapter from the other powers. They are regulated in such a way that guarantees that the three powers do not interfere with each other. The intention behind this is to prevent the concentration of power and provide for checks and balances.
The purpose of the idea of separation of powers is to ensure that governance of the State should not come within the sole authority of one organ of the State. The idea of the separation of powers is aimed at preventing abuse of power and safeguarding freedom for all. Therefore, the authorities must be separated to prevent the onset of tyranny, by limiting power concentrated in one individual or in one institution so as to balance and limit government power. There are three functions of government, the legislative function is performed by the law-making body, the executive function is carried out by the law-applying body and the judicial function is fulfilled by the law-enforcing body. If one power of government overreaches its power or infringes on the rights of citizens, the other power can intervene. ■
NOTES
[1] M.J.C. Vile's Chapter 4 in Constitutionalism and the Separation of Powers (2[nd] ed.) (Indianapolis, Liberty Fund 1998)
[2] Ibid
[3] Prof. Dr. Amin Almhakbh. 'King and the three authorities', The Ministry of Political Development, Amman. 2012
[4] Shatnawi, Fisal. (2002). The Principles of the Constitutional Law & Constitutional System in Jordan (In Arabic), (1[st] ed), Amman: Daar Al. Hamid for Publication and Distribution.
[5] Muddather Abu- Karaki, Raed S. A Faqir, Majed Ahmad K. Marashdah. (2011), Democracy & Judicial Controlling in Jordan A Constitutional Study. Journal of Politics and Law, Vol. 4, No. 2; September 2011. doi:10.5539/jpl.v4n2p180.
[6] The Jordanian Parliament.
[7] Prof. Dr. Amin Almhakbh. 'King and the three authorities', The Ministry of Political Development, Amman. 2012
[8] Muddather Abu-Karaki, Raed S. A Faqir, Majed Ahmad K. Marashdah. (2011). Democracy & Judicial Controlling in Jordan A Constitutional Study. Journal of Politics and Law, Vol. 4, No. 2; September 2011. doi:10.5539/jpl.v4n2p180.
[9] Prof. Dr. Amin Almhakbh. 'King and the three authorities'., The Ministry of Political Development, Amman. 2012 See also. The system of government is based on the separation of powers with their cooperation in accordance with the provisions of the constitution, and the legislative power is governed by the National Assembly and the King (art. 25) and (art. 26) of Jordanian constitution, which shows that the constitutional legislature in Jordan authorized the executive power to share legislative power in making legislation within the framework of the cases and limits laid down by the Constitution. The separation of powers does not mean absolute separation.
[10] The Constitution of The Hashemite Kingdom of Jordan (Articles 41-61).
[11] Dr. Khaled Mohsen. February 2015. Election under Jordanian Legal Electoral System: a Comparative Study (Jordan, Britain, Germany). International Journal of Humanities and Social Science. Vol. 5, No. 2.
[12] Prof. Dr. Amin Almhakbh. 'King and the three authorities'., The Ministry of Political Development, Amman. 2012
[13] The relationship between these powers is a relationship of cooperation and each has the right to control and check the other power. «The authorities in the State consist of executive, legislative and judicial authorities. These authorities shall cooperate in the performance of their functions and the relationship between these authorities is a cooperative relationship, which indicates that the Jordanian political system is based on the principle of flexible separation between the three powers (executive, legislative, judicial), so that the relationship between these authorities is participatory based on balance and complementarity, the legislative authority has the right to have control over the executive power and hold it accountable, and on the other hand, the executive power has
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the right to propose draft laws and the right to issue provisional laws when necessary.
[14] The old Jordanian Constitution, 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".
[15] Suad Sharqawi, 'Political systems in the modern world' (Cairo, Egypt: Arab Renaissance Publishing House) 2007.
[16] Mohammad Hammouri, Rights and Freedoms between Political Whims Constitutional Requisites, First Edition (2010), p. 197.
[17] The Belgian Constitution is the supreme law of Belgium. The Constitution was adopted by the National Congress on February 7, 1831 after Belgium's declaration of its independence in 1830, and established Belgium as a constitutional monarchy. In July 14, 1993, the Constitution of 1831 was significantly revised and changed the form of government of Belgium from a unitary State to a federal State. The Constitution was last amended in 2012 and this 29[th] version consolidates all amendments up to this date. See https://www.google.hu/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=underscore
[18] The Constitution of The Hashemite Kingdom of Jordan (Articles 3-27).
[19] Rainer Grote, Tilmann J. Röder, Constitutionalism, Human Rights, and Islam after the Arab Spring, Aug 2016.
[20] Dr. Ali Mouhafdha "The Restricted Democracy- The Case of Jordan 1989-1999," The Center of Arab Unity Studies: Markaz Dirasat al Wihda al Arabiya, Beirut, Lebanon.2001.
[21] The Constitution of The Hashemite Kingdom of Jordan (Articles 28-40).
[22] The King exercises 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
[23] IBP, Inc, 'Jordan Country Study Guide Volume 1 Strategic Information and Developments'. Lulu.com, 2012, ISBN 1438774702, 9781438774701.
[24] Fayez Zraiqat, 'Parliamentary institution and its role in the political development' 2004
[25] Anja Wehler-Schoeck 'Parliamentary Elections in Jordan, A Competition of Mixed Messages, September 2016, available at http://library.fes.de/pdf-files/iez/12783.pdf [accessed 1st November 2016].
[26] Article 10 of Law on the Election of the House of Representatives, Law No 6/2016, available at <<file:///C:/Users/w6gyP89/Downloads/Jordan%20Parliamentary%20Law%202016%20(1).pdf>> [accessed 3rd November 2016]. Please change it to a website source
[27] Law on the Election of the House of Representatives, Law No 6/2016. Article 10 "He/she is not a contractor for the government, an official public institution or a company owned or controlled by the government, or for any official public institution, regardless of whether such contracting is direct or indirect, with the exception of land and property leasing contracts and of shareholders in a company with more than ten members".
[28] Dr. Ali Mouhafdha "The Restricted Democracy- The Case of Jordan 1989-1999," The Centre of Arab Unity Studies: Markaz Dirasat al Wihda al Arabiya, Beirut, Lebanon.2001.
[29] The Jordanian constitution states that the political system in Jordan is a parliamentary, hereditary monarchy. The monarchy is considered one of the oldest systems in history. This system has evolved into three types: absolute monarchy, restricted monarchy, and modern constitutional monarchy.
According to the provisions of the Constitution, the political system in Jordan is a mixture of modern constitutional monarchy and restricted monarchy, since the nation is the source of all powers and the King is the head of state (Article 30 of the Constitution) and is immune from any liability and responsibility and exercises his powers by a Royal Decree signed by the Prime Minister and the Minister concerned. The King expresses his concurrence by placing his signature above the said signatures, because the ministry is responsible to the House of Representatives for the acts carried out by the King, and the King has the right as stated in the Constitution to lead the armed forces, and to appoint and dismiss the Council of Ministers, appoint members of the Senate, confer honours and decorations and the right of pardon. In short, all the executive and legislative powers are vested in the King, according to the Jordanian Constitution, but all these powers are subject to the signature of the Prime Minister and the Minister concerned.
[30] Jordan's Constitution of 1952 including the amendments of May 2016, Article 68, available at
<<http://www.entikhabat.jo/sites/default/files/Jordan%20amended%20constitution%20%202016%20EN_0.pdf>> [accessed 3rd November 2016].
[31] The Constitution of the Hashemite Kingdom of Jordan (Article 76) "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".
[32] Law on the Election of the House of Representatives, Law No 6/2016. Article 10. Available at <<file:///C:/Users/w6gyP89/Downloads/Jordan%20Parliamentary%20Law%202016%20(1).pdf>> >> [accessed 5th November 2016].
[33] Masalha,M,.'Dirasat fy Al Barlamaneyya Al Urduneyya [Studies in the Jordanian Parliament.]' 1st ed. Vol. 1. Amman: Dar Al Hamid, 2000.
[34] Ibid
[35] Prof. P.J. Kabudi, THE DOCTRINE OF SEPARATION OF POWERS AND ITS APPLICATION IN TANZANIA: SUCCESS, CHALLENGES AND PROSPECTS. Available at <<http://www.utumishi.go.tz/utuweek/SOP.pdf>> accessed on 20th February 2017.
[36] Al-Khatib Nu'man, 'Mediator in the political systems and constitutional law' House of Culture for Publishing and Distribution - Amman, 7th ed 2011.
[37] Jordan's Constitution of 1952 Constitution of Jordan including the amendments of May 2016, Aarticles 65 and 36, available at
<http://www.entikhabat.jo/sites/default/files/Jordan%20amended%20constitution%20%202016%20EN_0.pdf>>[accessed 15th November 2016].
[38] Article 86 - Constitution of Jordan
(1) No Senator or Deputy may be detained or tried during the currency of the sessions of the National Assembly unless the House to which he belongs decides by an absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrant delicto. In the event of his arrest in this manner, the House to which he belongs, shall be notified immediately.
(2) If a member is detained for any reason while the National Assembly is not sitting, the Prime Minister shall notify the Senate or the Chamber of Deputies when it reassembles of the proceedings that were taken against him, coupled with the necessary explanation.
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Article 87 Constitution of Jordan - Every Senator or Deputy shall have complete freedom of speech and expression of opinion within the limits of the Internal Regulations of the Senate or Chamber of Deputies, as the Article 87 Constitution of Jordan - Every Senator or Deputy shall have complete freedom of speech and expression of opinion within the limits of the Internal Regulations of the Senate or Chamber of Deputies, as the case may be, and shall not be answerable in respect of any vote which he had cast or opinion expressed or speech made by him during the meetings of the House.
[39] The Jordanian Senate. 2016. The Hashemite Kingdom of Jordan. [ONLINE] Available at: http://www.senate.jo/en/content/about-senate [Accessed 20[th] November 2016].
See also: The Legal Affairs Committee, the Financial and Economic Affairs Committee, the Foreign Affairs Committee, the Educational and Cultural Affairs Committee. The Environment, Health and Social Development Affairs Committee, the Administrative Affairs Committee, Water and Agricultural Affairs Committee, the Tourism and Cultural Heritage Affairs Committee and the Development and Population Affairs Committee.
[40] Dr. Braizat, F. Public Opinion Poll Unit Centre For Strategic Studies Jordan University 12/07 'Democracy in Jordan 2007'.
[41] Dr. Hassan Abu Zaid, Balance and Audit of Authorities, Cairo, 2003 See also Article 91 - Constitution of Jordan. The Prime Minister shall refer to the Chamber of Deputies any draft law, and the Chamber shall be entitled to accept, amend, or reject the draft law, but in all cases the Chamber shall refer the draft law to the Senate. No law may be promulgated unless passed by both the Senate and the Chamber of Deputies and ratified by the King.
Article 92 - Should either House twice reject any draft law and the other accept it, whether or not amended, both the Senate and the Chamber shall hold a joint meeting under the chairmanship of the Speaker of the Senate to discuss the matters in dispute. Acceptance of the draft law shall be conditional upon the passing of a resolution by a two-thirds majority of the members of both Houses present. If the draft law is rejected as described above, it shall not be placed again before the House during the same session.
Article 93 - (1) Every draft law passed by the Senate and the Chamber of Deputies shall be submitted to the King for ratification. (2) A law shall come into force after its promulgation by the King and the lapse of thirty days from the date of its publication in the Official Gazette unless it is specifically provided in that law that it shall come into force on any other date. (3) If the King does not see fit to ratify a law, He may, within six months from the date on which the law was submitted to him, refer it back to the House coupled with a statement showing the reasons for withholding his ratification.
(4) If any draft law (other than the Constitution) is referred back within the period specified in the preceding paragraph and is passed for the second time by two-thirds of the members of each of the Senate and the Chamber of Deputies, it shall be promulgated. If the law is not returned with the Royal ratification within the period prescribed in paragraph (iii) above, it shall be considered as promulgated and effective. If any draft law fails to obtain the two-thirds majority of votes, it cannot be reconsidered during the same session, provided that the National Assembly may reconsider the draft during its next ordinary session.
[42] The King holds absolute power, exercises his powers within the limits prescribed by the Constitution. The King is not accountable to the House of Representatives or Senate which is appointed by him, the King is the head of a constitutional monarchy in which the King retains substantial power.
[43] Muddather Abu- Karaki, Raed S. A Faqir, Majed Ahmad K. Marashdah. (2011) Democracy & Judicial Controlling in Jordan A Constitutional Study. Journal of Politics and Law, Vol. 4, No. 2; September 2011. doi:10.5539/jpl.v4n2p180.
[44] Al.Shudefat, Hamdah Olian. (2007) The Separation between the Authorities and the Controlling on the Activities of Legislative & Executive Authorities: A Comparative Study, Master Dissertation, Juridical and Legal Studies Faculty, Al. Bait University.
[45] Ibid
Lábjegyzetek:
[1] The actor is PhD Student, University of Pécs, Faculty of Law.
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