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Jordan THE CONSTITUTION
The Constitution that was promulgated in 1952 and amended in
1974, 1976, and 1984 remained in force in 1989. It declares Jordan
a hereditary monarchy with a parliamentary form of government and
defines the people as "the source of all powers." The people are
officially stated as being part of "the Arab nation." Islam is the
official religion of the state and Arabic the official language. In
nearly forty years of experience with the Constitution, adherence
to the fundamental law of the land has varied in spirit as well as
in practice from time to time, depending upon domestic and external
circumstances.
Articles 5 through 23 of the Constitution stipulate the rights
and duties of citizens and guarantee a long list of personal
freedoms. Citizens are assured freedom from compulsory labor or
forced loans, and no one may be discriminated against for reasons
of race, religion, or language. Arrest, imprisonment, exile, forced
residence, and the expropriation of property without due process of
law are forbidden. Freedom of worship, opinion, and the press and
the right of peaceful assembly are ensured within the limits of the
law. Censorship is allowed in time of martial law or when a state
of national emergency exists. The right of petition is guaranteed,
and citizens are free to form political parties, trade unions, and
associations--provided their objectives are lawful. Political
refugees may not be extradited. For grades one through nine,
education is compulsory and free in public schools. Every citizen
is eligible for appointment to public posts, subject only to the
candidate's merit and qualification. The Constitution also outlines
various principles of labor legislation and directs the government
to promote work and to protect labor.
Martial law was declared in 1967 and remained in force in 1989.
The emergency regulations under martial law effectively abridged
certain constitutionally guaranteed freedoms. These regulations
permitted the martial law authorities and the secret police--
popularly referred to as the Mukhabarat rather than by its formal
name of Dairat al Mukhabarat or General Intelligence Department
(GID)--to arrest persons suspected of security offenses and to
detain them without trial or access to legal counsel for indefinite
periods
(see Jordan - General Intelligence Department
, ch. 5). The emergency
regulations also authorized the government to censor the press and
other publications, banned political parties, and restricted the
rights of citizens to assemble for political meetings and peaceful
demonstrations.
The powers and functions of the state organs are elaborated in
articles 41 through 110. The Constitution includes sections on
finance, enforcement of laws, interpretation of the Constitution,
and emergency powers and constitutional amendments. An amendment
requires the affirmative vote of two-thirds of the members of each
legislative house, deliberating separately. When an amendment bill
is twice rejected by either house, however, the bill must be
deliberated in a joint session of the legislature; in this
instance, a two-thirds vote is required for adoption. An amendment
bill takes effect only on royal consent. In a move to ensure
dynastic stability, the Constitution forbids any amendment
concerning the rights of the king and his heirs during a period of
regency.
The five amendments to the Constitution that have been approved
since 1952 all pertain to the National Assembly. Two amendments
were adopted in November 1974. The first permitted the king to
dissolve the Senate and to dismiss any individual senator for
behavior unbecoming of the office. The second amendment permitted
the king to postpone elections for the House of Representatives for
one year. In February 1976, a third amendment permitted the king to
postpone parliamentary elections indefinitely. The two amendments
adopted in 1984 authorized the government to hold parliamentary
elections in any part of the country where it was feasible, thus,
only in the East Bank. Until late 1988, when Jordan renounced
claims to political sovereignty over the West Bank, the House of
Representatives was empowered to select deputies to fill vacant
seats from the West Bank.
Data as of December 1989
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