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Constitution of Jordan (1952, rev. 2011)

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3Preamble

4We, Talal the First, King of the Hashemite Kingdom of Jordan, in accordance with Article 25 of the Constitution, and in pursuance of the decision of the Senate and the House of Representatives, hereby approve the following amended Constitution and decree its promulgation.

5CHAPTER 1. The State and Its Ruling Regime

6Article 1

7The Hashemite Kingdom of Jordan is an independent sovereign Arab State. It is indivisible and no part of it may be ceded. The Jordanian people is a part of the Arab Nation, and its ruling regime is parliamentary with a hereditary monarchy.

8Article 2

9Islam is the religion of the State and Arabic is its official language.

10Article 3

11The City of Amman is the capital of the Kingdom, and it may be transferred to another place by a special law.

12Article 4

13The Jordanian flag shall be of the following form and measurements:

14Its length shall be twice its width. It shall be divided horizontally into three parallel equal stripes, the uppermost of which shall be black; the center, white; and the lowest, green. At the end of the flag-staff, it shall have a red triangle, the base of which shall be equal to its width, and its height shall be equal to half of its length. In this triangle there shall be a white seven-pointed star of such an area that may absorbed in a circle the diameter of which shall be one-fourteenth of its length; and shall be so placed that its middle 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.

15CHAPTER 2. Rights and Duties of Jordanians

16Article 5

17Jordanian nationality shall be defined by law.

18Article 6

191. Jordanians shall be equal before the law with no discrimination between them in rights and duties even if they differ in race, language or religion.

202. The defence of the country, its territory, the unity of its people and the preservation of social peace are sacred duty of every Jordanian.

213. The State shall ensure work and education within the limits of its possibilities, and shall ensure tranquility and equal opportunities to all Jordanians.

224. The family is the basis of society the core of which shall be religion, morals and patriotism; the law shall preserve its legitimate entity and strengthen its ties and values.

235. The law shall protect motherhood, childhood and the old-aged; and shall avail care for the youngsters and those with disabilities and protect them against abuse and exploitation.

24Article 7

251. Personal freedom shall be guaranteed.

262. Every infringement on rights and public freedoms or the inviolability of the private life of Jordanians is a crime punishable by law.

27Article 8

281. No person may be seized, detained, imprisoned or the freedom thereof restricted except in accordance with the provisions of the law.

292. Every person seized, detained, imprisoned or the freedom thereof restricted should be treated in a manner that preserves human dignity; may not be tortured, in any manner, bodily or morally harmed; and may not be detained in other than the places permitted by laws; and every statement uttered by any person under any torture, harm or threat shall not be regarded.

30Article 9

311. No Jordanian may be deported from the territory of the Kingdom.

322. No Jordanian may be prohibited from residing at any place; be prevented from movement; or be compelled to reside in a specified place, except in the circumstances prescribed by law.

33Article 10

34Dwelling houses shall be inviolable and may not be entered except in the circumstances prescribed by law, and in the manner provided for therein.

35Article 11

36No property of any person shall be expropriated except for public utility and in consideration of a just compensation as shall be prescribed by law.

37Article 12

38Compulsory loans shall not be imposed and property, movable or immovable, shall not be confiscated except in accordance with the law.

39Article 13

40Compulsory labour shall not be imposed on any person, but pursuant to law, work or service may be imposed on any person:

41 1.in a state of necessity, such as the state of war, the occurrence of a public danger, fire, flood, famine, earthquake, severe epidemic among humans or animals; or diseases of animals, insects, plants or any other similar disease, or in any other circumstances which might endanger the safety of the population, in whole or in part.

42 2.as a result of the conviction thereof by a court, provided that the work or service is performed under the supervision of an official authority; and provided that the convicted person shall not be hired to any persons, companies, societies or any public body, or be placed at their disposal.

43Article 14

44The State shall safeguard the free exercise of the rites of religions and creeds in accordance with the customs observed in the Kingdom, if such is not inconsistent with public order or morality.

45Article 15

461. The State shall guarantee freedom of opinion; and every Jordanian shall freely express his opinion by speech, writing, photography and the other means of expression, provided that he does not go beyond the limits of the law.

472. The State shall guarantee the freedom of scientific research and literary, technical, cultural and sports excellence provided that such does not violate the provisions of the law or public order and morality.

483. The State shall guarantee the freedom of the press, printing, publication and information media within the limits of the law.

494. Newspapers and information media may not be suspended nor the license thereof revoked except by a judicial order in accordance with the provisions of the law.

505. In the event of the declaration of martial law or an emergency, the law may impose a limited censorship on newspapers, publications, books and information and communication media in matters related to public safety and national defence purposes.

516. The law shall regulate the method of control of the resources of newspapers.

52Article 16

531. Jordanians shall have the right to hold meetings within the limits of the law.

542. Jordanians shall have the right to establish societies, unions and political parties provided their objective is lawful, their methods peaceful, and their by-laws not in violation of the provisions of the Constitution.

553. The law shall regulate the manner of the establishment of societies, unions and political parties and the control of their resources.

56Article 17

57Jordanians shall have the right to address the public authorities on personal matters affecting them, or on what is relative to public affairs in the manner and conditions prescribed by law.

58Article 18

59All postal and telegraphic correspondence, telephonic communications, and the other communications means shall be regarded as secret and shall not be subject to censorship, viewing, suspension or confiscation except by a judicial order in accordance with the provisions of the law.

60Article 19

61Congregations 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 Government control in their curricula and orientation.

62Article 20

63Basic education shall be compulsory for Jordanians and free of charge in Government schools.

64Article 21

651. Political refugees shall not be extradited on account of their political principles or their defence of freedom.

662. International agreements and laws shall regulate the extradition of ordinary criminals.

67Article 22

681. Every Jordanian shall be entitled to hold public offices under the conditions prescribed in law or regulations.

692. Appointment to public offices, whether permanent or temporary, in the State and the departments attached thereto and the municipalities shall be on the basis of merits and qualifications.

70Article 23

711. Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.

722. The State shall protect labour and enact legislation therefor based on the following principles:

73 a.Giving the worker a wage commensurate with the quantity and quality of his work.

74 b.Defining weekly work hours and granting workers weekly and annual paid rest days.

75 c.Specifying special compensation to workers supporting families and in the cases of dismissal, illness, disability and emergencies arising out of work.

76 d.Establishing special conditions for the work of women and juveniles.

77 e.Subjection of factories to health safeguards.

78 f.Free trade union within the limits of the law.

79CHAPTER 3. Powers - General Provisions

80Article 24

811. The Nation is the source of powers.

822. The Nation shall exercise its powers in the manner prescribed in this Constitution.

83Article 25

84The Legislative Power shall be vested in the Parliament and the King. The Parliament shall consist of the Senate and the House of Representatives.

85Article 26

86The Executive Power shall be vested in the King, and he shall exercise it through his Ministers in accordance with the provisions of this Constitution.

87Article 27

88The Judicial Power shall be independent and exercised by the courts in their different types and levels. All judgments shall be issued in accordance with the law in the name of the King.

89CHAPTER 4. The Executive Power

90Part 1. The King and His Prerogatives

91Article 28

92The Throne of the Hashemite Kingdom of Jordan is hereditary to the dynasty of King Abdullah Bin Al-Hussein in a direct line through the male heirs pursuant to the following provisions:

93 a.The Royal title shall pass from the holder of the Throne to his eldest son, then to the eldest son of that eldest son, and in linear succession in a similar process thereafter. Should the eldest son die before the Throne devolves upon him, his eldest son shall inherit the Throne, even if the deceased has brothers. The King may, however, select one of his brothers as heir apparent. In this event, the title to the Throne shall pass to him from the holder of the Throne.

94 b.If the person entitled to the Throne does not have a male heir, it shall pass to his eldest brother. If he has no brothers, to the eldest son of his eldest brother. If his eldest brother has no son, to the eldest son of his other brothers according to the seniority in age of the brothers.

95 c.In the absence of brothers and nephews, the title to the Throne shall pass to the uncles and their descendants, in the order prescribed in Paragraph (b).

96 d.Should the last King die without an heir in the manner prescribed above, the Throne shall devolve upon the person selected by the Parliament from amongst the descendants of the founder of the Arab Renaissance, the late King Hussein Bin Ali.

97 e.It is a condition for the person who shall ascend the Throne to be a Moslem, mentally sound, born by a legitimate wife, and of Moslem parents.

98 f.None of the persons who have been excluded from succession by a Royal Decree on the ground of their unsuitability shall ascend the Throne.

99 Such exclusion shall not include the descendants of such person. Such Decree shall be countersigned by the Prime Minister and four Ministers at least, of whom shall be the Ministers of Interior and of Justice.

100 g.The King attains his majority upon the completion of eighteen lunar years of his age. If the Throne devolves upon a person who is below this age, the powers of the King shall be exercised by the Regent or the Council of Regency who shall have been appointed by a Royal Decree issued by the reigning King. If he dies without making such nomination, the Council of Ministers shall appoint the Regent or the Council of Regency.

101 h.Should the King become unable to exercise his power on account of his illness, his powers shall be exercised by a Viceregent or a Council of Viceregents. The Viceregent or the Council of Viceregents shall be appointed by a Royal Decree. When the King is unable to make such appointment, it shall be made by the Council of Ministers.

102 i.Should the King intend 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 the period of his absence. The Viceregent or Council of Viceregents shall observe any conditions which may be contained in that Decree. If the absence of the King extends to more than four months and the Parliament is not in session, it shall be summoned immediately to consider the matter.

103 j.Before the Regent or Viceregent or the member of the Council of Regency or of the Council of Viceregents assumes his office, he shall take the oath prescribed in Article (29) of this Constitution before the Council of Ministers.

104 k.Should the Regent or Viceregent or a member of the Council of Regency or of the Council of Viceregents die or become incapable of performing his functions, the Council of Ministers shall appoint a suitable person to replace him.

105 l.The age of a Regent or Viceregent or a member of the Council of Regency or of the Council of Viceregents shall not be less than (30) lunar years. However, a male relative of the King who has completed eighteen lunar years of his age may be appointed.

106 m.If it is impossible for who has the title to the Throne to rule due to a mental illness, the Council of Ministers, on confirmation of that, shall immediately convene the Parliament. Should that illness be definitely confirmed, the Parliament shall decide to terminate his rule, whereupon the title to the Throne shall be transferred to the person entitled thereto after him according to the provisions of the Constitution. If the House of Representatives stands dissolved at that time or if its term had expired and the new House has not been elected, the former House of Representatives shall be convened for this purpose.

107Article 29

108The King shall upon his succession to the Throne take an oath before the Parliament, which shall convene under the chairmanship of the Speaker of the Senate, to uphold the Constitution and be loyal to the Nation.

109Article 30

110The King is the Head of the State and is immune from every liability and responsibility.

111Article 31

112The King shall ratify the laws, promulgate them and order the enactment of the regulations necessary for their implementation, provided that they shall not contain whatever violates the provisions thereof.

113Article 32

114The King is the Supreme Commander of the Land, Naval and Air Forces.

115Article 33

1161. The King declares war, makes peace and concludes treaties and agreements.

1172. Treaties and agreements which entail any expenditures to the Treasury of the State or affect the public or private rights of Jordanians shall not be valid unless approved by the Parliament; and in no case shall the secret terms in a treaty or agreement be contrary to the overt terms.

118Article 34

1191. The King issues orders for the holding of elections to the House of Representatives in accordance with the provisions of the law.

1202. The King convenes the Parliament, inaugurates, adjourns, and prorogues it in accordance with the provisions of the Constitution.

1213. The King may dissolve the House of Representatives.

1224. The King may dissolve the Senate or relieve one of its members of the membership.

123Article 35

124The King appoints the Prime Minister, dismisses him and accepts his resignation, and appoints the Ministers, dismisses them and accepts their resignation upon the recommendation of the Prime Minister.

125Article 36

126The King appoints the members of the Senate and appoints the Speaker of the Senate from amongst them and accepts their resignation.

127Article 37

1281. The King creates, confers and withdraws civil and military ranks, medals and the other honorific titles. He may delegate this authority to another person by a special law.

1292. Currency shall be minted in the name of the King in implementation of the law.

130Article 38

131The King has the right to the special pardon and to remit the sentence, but the general pardon shall be determined by a special law.

132Article 39

133No death sentence shall be executed except after ratification by the King, and every such sentence shall be placed before him by the Council of Ministers accompanied by its opinion thereon.

134Article 40

135The King shall exercise his powers by a Royal Decree, and the Royal Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. The King shall express his concurrence by placing his signature above the said signatures.

136Part 2. Ministers

137Article 41

138The Council of Ministers shall consist of the Prime Minister, as Head, and of a number of ministers pursuant to the need and public interest.

139Article 42

140No person shall hold the position of Minister and the like except a Jordanian who does not hold the nationality of another state.

141Article 43

142The Prime Minister and Ministers shall, before assuming their functions, take the following oath before the King:

143"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".

144Article 44

145The Minister may not purchase or lease any Government property even if this is in public auction. He may not, during his ministerial office, be a member of the board of directors of any company, take part in any commercial or financial business or receive a salary from any company.

146Article 45

1471. The Council of Ministers shall undertake the responsibility of administering all affairs of the State, internal and external, with the exception of those affairs that were or may be entrusted in accordance with this Constitution or any law to any other person or body.

1482. The authorities of the Prime Minister, the Ministers and the Council of Ministers shall be defined by regulations established by the Council of Ministers and ratified by the King.

149Article 46

150The Minister may be entrusted with the functions of one or more Ministries, as stated in the decree of appointment.

151Article 47

1521. The Minister shall be responsible for the administering of all the affairs pertaining to his Ministry and shall refer to the Prime Minister any matter not falling within his competence.

1532. The Prime Minister shall take actions within his powers and competence and shall refer the other matters to the Council of Ministers for taking the necessary decisions in their regards.

154Article 48

155The Prime Minister and Ministers shall sign the decisions of the Council of Ministers, and these decisions shall be submitted to the King for their ratification in the cases required under this Constitution or any law or regulation enacted thereunder. These decisions shall be implemented by the Prime Minister and Ministers, each within his competence.

156Article 49

157The verbal or written orders of the King shall not release the Ministers from their responsibility.

158Article 50

159In the event of the resignation, dismissal or death of the Prime Minister, all Ministers shall be considered as having necessarily resigned.

160Article 51

161The Prime Minister and Ministers shall be jointly responsible before the House of Representatives for the public policy of the State; and each Minister shall as well be responsible before the House of Representatives for the functions of his Ministry.

162Article 52

163The Prime Minister or the Minister who is a member of either the Senate or the House of Representatives shall be entitled to vote in his House and to speak in both Houses. However, the Ministers who are not of the members of either House may speak in both of them without having the right to vote. The Ministers or their deputies shall have the right of priority to the other members to address both Houses. The Minister who receives the Ministry salary shall not receive, at the same time, the allocations of the membership in either House.

164Article 53

1651. The session for the vote of no confidence in the Council of Ministers or in any Minister shall be held either at the request of the Prime Minister or at a request signed by a number of not less than ten members of the House of Representatives.

1662. The vote of no confidence shall be postponed for one time the period of which shall not exceed ten days if such is requested by the Minister concerned or by the Council of Ministers. The House shall not be dissolved during this period.

1673. Every formed Council of Ministers shall place its ministerial statement to the House of Representatives within one month of the date of its formation if the House is in session and request the vote of confidence on that statement.

1684. If the House of Representatives is not in session, it shall be called to convene in an extraordinary session; and the Council of Ministers shall place its ministerial statement and request the vote of confidence on that statement within one month from the date of its formation.

1695. If the House of Representatives stands dissolved, the Council of Ministers shall place its ministerial statement and request the vote of confidence on that statement within a month from the date of the convening of the new House.

1706. For the purposes of Paragraphs (3), (4), and (5) of this Article, the Council of Ministers shall obtain the vote of confidence if the absolute majority of the members of the House of Representatives votes favorably for it.

171Article 54

1721. The motion of no confidence in the Council of Ministers or in one of the Ministers may be raised before the House of Representatives.

1732. If the House decides a vote of no confidence in the Council of Ministers by the absolute majority of the total number of its members, it should resign.

1743. If the decision of the vote of no confidence concerns one of the Ministers, he should resign his office.

175Article 55

176Ministers shall be tried for crimes attributed to them resulting from the performance of their functions before the competent civil courts in the Capital, in accordance with the provisions of the law.

177Article 56

178The House of Representatives shall have the right to refer the Ministers to the Attorney General along with stating the justifying reasons. The decision of referral shall not be issued except by the majority of the members of whom the House of Representatives is composed.

179Article 57

180The Minister who shall be accused by the Attorney General upon the issuance of the decision of referral by the House of Representatives shall be suspended from office; his resignation shall not prevent the institution of proceedings against him nor the continuation of his trial.

181CHAPTER 5. Constitutional Court

182Article 58

1831. A Constitutional Court shall be established - by a law - the headquarters of which shall be in the Capital; shall be considered as an independent and separate judicial body; and shall be composed of nine members at least inclusive of the President, to be appointed by the King.

1842. The term of membership in the Constitutional Court shall be six years non-renewable.

185Article 59

1861. The Constitutional Court shall have the competence of oversight on the constitutionality of the applicable laws and regulations and its judgments shall be issued in the name of the King; its judgments shall be final and binding on all authorities and on all; its judgments shall as well be effective immediately unless the judgment specifies another date for its effectiveness; the judgments of the Constitutional Court shall be published in the Official Gazette within fifteen days of the date of their issuance.

1872. The Constitutional Court shall have the right to interpret the provisions of the Constitution if such is requested therefrom by a decision issued by the Council of Ministers or by a decision taken by either House of the Parliament by majority; its decision shall be effective after its publication in the Official Gazette.

188Article 60

1891. The following entities - for limitation - shall the right to directly challenge at the Constitutional Court the constitutionality of the applicable laws and regulations:

190 a.The Senate.

191 b.The House of Representatives.

192 c.The Council of Ministers.

1932. In the case viewed by courts, any of the parties of the case may raise the issue of the non-constitutionality; the court shall - if it finds that the plea is serious - refer it to the court specified by the law for the purposes of the determination of its referral to the Constitutional Court.

194Article 61

1951. A member of the Constitutional Court shall meet the following conditions:

196 a.To be Jordanian and does not hold the nationality of another state.

197 b.To have reached fifty years of age.

198 c.To be of those who served as judges in the Court of Cassation and the High Court of Justice, or of the professors of law in universities who hold the rank of professor ; or of the lawyers who spent a period of not less than fifteen years in the practice of law; and of the specialists to whom the conditions of membership in the Senate apply.

1992. The President and Members of the Constitutional Court shall prior to assuming their functions take - before the King - an oath the text of which is:

200"I swear by Almighty God to be loyal to the King and the country, to uphold the Constitution, to serve the Nation, and to honestly perform the duties entrusted to me".

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