The process of lawmaking centers on Parliament. Both houses of Parliament initiate debates and vote on legislation. Proposals are referred by the prime minister to the House of Deputies, where deputies can either accept, amend or reject them. Each proposal is referred to a special committee in the Lower House for consideration. If the deputies accept the proposal, they refer it to the government to draft it in the form of a bill and submit it back to the House for approval. A bill approved by the House of Deputies is passed on by the House Speaker (an elected official) to the Senate for debate and a vote. If approved, the bill is then submitted to the king, who can either grant consent by royal decree or return the bill unapproved with justification for his refusal. In this case, the bill is returned to the House of Deputies, where the review and voting process is repeated. Should both houses, meeting jointly, pass the bill by a two-thirds majority, it becomes an Act of Parliament, constitutionally overriding the monarch’s veto. Any bill rejected by the Senate is returned to the House of Deputies for amendment. Disagreement between the two houses is settled by a two-thirds majority vote in a joint session of Parliament. Article 95 of the Constitution also empowers both the Senate and the House of Deputies to submit legislation to the government in the form of a draft law. Deputies in the lower house of Parliament are entitled to certain rights which the Constitution does not grant to upper house members. They are entitled to question the government on any public issue, and may make accusations against ministers through a decision issued by a two-thirds majority of lower house members. The government minister against whom accusations are made shall be suspended from his or her post until the case is resolved. The House of Deputies is also entitled to submit a vote of no-confidence in the government (the Council of Ministers or one of its members). If the House votes by an absolute majority to withhold confidence from the cabinet, then the cabinet must resign. The deputies can also withhold confidence from an individual minister, who must then resign. The Upper House of Parliament, or the Senate, is viewed as an extension of the king’s legislative powers because it is appointed by the king and enjoys his confidence. It enjoys equal status with the lower house on the level of legislation. Members of both houses enjoy the same complete freedom of expression when speaking in Parliament, and the same degree of immunity against arrest while in office. The Lower House alone, however, is entitled to hold a no-confidence vote against the government. Both houses of Parliament have several permanent committees, including: Legal, Financial, Administrative and Foreign Affairs. Members of Lower House of Parliament committees are elected for two years. Deputies and the Senate may also appoint other permanent or provisional committees and designate their functions and duties.

******************

The Emirate of East Jordan was politically established in 1921 by the British mandate. Its independence was declared on 25/5/1923 upon the recognition by Britian of the existence of an independent government therein. On this basis, an agreement was concluded by and between the Government in East Jordan and the mandate Government (Britian) known as the 1928 Treaty. It was signed after lengthy and difficult negotiations where conditions of the mandate and of the Jordanian constitutional government were established. The Treaty imposed restrictions on the powers of the Government and the Parliament even on the movement and decisions of the Emir (Prince).

Based on this, the Basic Law was established for the Emirate of East Jordan in 1928 by virtue of which East Jordan was given constitutional legitimacy for the administration of the country affairs. Then an Elections Law was issued for the election of the 1^st Legislative Council. Five more Legislative Councils were elected during the term of the Emirate (1923-1946) the first of which was in 1929.

 

THE LEGISLATIVE AUTHORITY IN THE BASIC LAW FOR 1928:

The Basic Law adopted the “One Chamber” system. It consisted of 16 elected M.P.’s as per the Elections Law and of the Prime Minister and the Members of the Executive Council numbering 6. The Members of the Executive Council had the right to vote in the Legislative Council.

The Speaker of the House was the Prime Minister who was a non-elected member. He didn’t vote except for preponderance in case of a tight vote. In his absence, the House was headed by his substitute from amongst the non-elected members. In case of the non-naming of a person to substitute him, the seniority member from amongst the non-elected members headed the House.

The powers of the House were restricted to the approval of bills presented by the Executive Council. A law wouldn’t be implemented even if approved by House unless approved by the Prince who would order its issuance because the Prince’s powers of authentication were absolute. Had the Prince refused to authenticate any bill approved by the House, it would have been defeated. The powers of the House-from the legislative aspects- were powers of approval only. The House couldn’t propose any bill.

The house didn’t have any control powers on governmental policies or on any matter related to public administration, treaties or international agreements; nor on the manner of the grant of concessions related to the investment of the natural resources of the country. The House didn’t have any right to address questions or interpellations, request any debate, or cast the vote of confidence in the Government as regards its political and administrative program.

The term of the House was three years. The Prince had the right to extend its term for two further years.

 

LEGISLATIVE COUNCILS IN THIS PERIOD (1923-1946):

THE 1^ST LEGISLATIVE COUNCIL:

Its members were elected on 2/4/1929 and continued until 9/1/1931. It was dissolved because of its disapproval of the General Budget Annex for Desert Expenditures; and because of the lack of cooperation with the Executive Authority.

 

THE 2^nd LEGISLATIVE COUNCIL:

This House was elected on 10.6.1931 and completed its constitutional term (3 years) until 10.6.1934. The majority of the House were the opposition members.

THE 3^rd LEGISLATIVE COUNCIL:

It was elected on 16.10.1934 and lasted until 16.10.1937 when its term ended.

 

THE 4^th LEGISLATIVE COUNCIL:

It was elected on 16.10.1937 and completed its term on 16.10.1940. Its term was extended for two more years expiring 16.10.1942.

 

THE 5^th LEGISLATIVE COUNCIL:

It was elected on 20.10.1942; completed its term on 20.10.1945, extended up to 20.10.1947 in view of the circumstances that prevailed in the country. During the tenure of this House, the Hashemite Kingdom of Jordan was declared and Prince Abdullah became Monarch of the Kingdom. The House of Representatives replaced the Legislative Council.

 

SECOND: FROM 1946 TO 1950

THE POLITICAL ENVIRONMENT:

After the signature of the Friendship Agreement between Jordan and Britian in March 1946, the mandate was abolished and East Jordan appeared as independent sovereign state. This Agreement was regarded as a recognition of the independence of East Jordan, a comprehensive independence on the basis of the parliamentary monarchy system on 25/5/1946. As per this change, the Basic Law for 1928 was amended until the issuance of a new constitution to organizing the country affairs. The new Constitution was issued in 1946.

 

THE LEGISLATIVE AUTHORITY IN THE 1946 CONSTITUTION:

This Constitution adopts the principle of a bi-cameral parliament an called it “The House of Parliament” consisting of an elected House of Representatives and a Senate whose Members are selected by the King provided their number does not exceed one half that of the House of Representatives. At that time the M.P.’S were 20 and the Senators 40.

The 1946 Constitution specified the term of the elected House of Representatives as four years while the term of the Senate 8 years, half of the Senators to be renewed every four years.

The term of its session was three months with four ordinary sessions, which could be extended to finalize urgent matters.

The Constitution gave the King the power to appoint the Speaker of the House from the elected Members. The appointed Speaker exercises his powers for a period of one year; however he may be appointed for a further year.

As for the legislative powers of the House of Parliament, the 1946 Constitution did not give the House of Parliament the right to propose laws. It restricted this right to the Executive Authority. Its powers did not exceed the right to pass the bills presented thereto by the Executive Authority.

As for the political powers of the House of Parliament, the 1946 Constitution gave the House of Parliament the right to discuss any subject or matter related to public administration. The House has the right to address questions and debate issues related to public administration. The control by the House of Parliament on politics remained incomplete as this Constitution did not give the House the right to cast the vote of confidence in the Cabinet.

The House of Parliament didn’t have the right to consider, approve or control international treaties and agreements, nor the right to control the manner of granting concessions related for the utilization of the natural resources of the country.

 

 

THE LEGISLATIVES HOUSES IN THE THIS PERIOD (1946-1950):

This period witnessed one House of Parliament only, the 1^st House which consisted of two Chambers:

THE 1^ST HOUSE OF REPRESENTATIVES:

The elections of which were in October 1947 for twenty M.P.’s distributed on constituencies covering all the Kingdom with quotas for the Christian minority, Sarcasians and Bedouins, for four years. However, it was dissolved on 1/2/1950 prior to the completion of its term in preparation for the holding of new elections to include both Banks of the Kingdom.

 

8. The 1^st Senate:

It was composed on 20/10/1947 and continued to function until dissolved on 20/10/1950 in preparation to include new members and to include representatives for the West Bank.

 

THIRD: THE HISTORY OF JORDAN’S HOUSE OF PARLIAMENT FROM THE UNITY TO DISMANTLING RELATIONS (1959-1988):

THE POLITCAL ENVIRONMENT:

After officially announcing the unity of the two Banks, parliamentary elections were held in April 1950 to form the House resulting from the unity of both Banks. In April 1950, as well, the Senate was dissolved to appoint new members from both Banks. That period witnessed the presence of many parties in Jordan. No doubt the conflicts and struggle among the political parties on the parliamentary seats made these elections for the 2^nd House of Parliament very enthusiastic. Consequently the House was strong in its representation as it could change the general nature of parliamentary work. More than half of the elected members in the 2^nd and 3^rd Houses were affiliated to political parties.

As a result of this spectrum of political parties, strong opposition was present with the primary aim of amending the Constitution and making the Government responsible before the Parliament; in order to eventually move parliamentary life to its true constitutional shape and to give the people their power to legislate; to achieve legal justice; and to achieve separation between the executive, legislative and judicial authorities; which would in itself lead to balance and cooperation.

The 2^nd and 3^rd Houses – that came in the era of the unity of the two Banks – could amend the Constitution in a manner consistent with the new facts emanating from this unity. This amendment provided for the principle of the ministerial responsibility before the House of Representatives. The process for the election of M.P.’s after 1952 entered a new advanced stage and elections were on the basis of political parties instead of the previous formula.

THE HOUSES OF REPRESENTATIVES DURING THIS PERIOD (1950-1988):

THE 2^nd HOUSE OF REPRESENTATIVES:

It was elected on 20/4/1950 and continued until 3/5/1951 when it was dissolved due to the lack of cooperation between the Legislative and Executive Authorities. This House approved the unity between the East and West Banks; seats were increased from 20 to 40 (20 members from the West Bank).

 

THE 3^rd HOUSE OF REPRESENTATIVES:

It was elected on 1/9/1951 and continued until 22/6/1954 when it was dissolved because of its opposition to the policies of the Government and its non-cooperation with the Executive: During the tenure of this House, the 1952 Constitution was issued.

 

 

 

THE 4^th HOUSE OF REPRESENTATIVES:

It was elected in November 1954 and continued until 26/6/1956 when it was dissolved for lack of cooperation with the Executive.

 

THE 5^th HOUSE OF REPRESENTATIVES:

It lasted from 21/10/1956 until 21/10/1960. It completed its term. Its Members were 50.

 

THE 6^th HOUSE OF REPRESENTATIVES:

It continued from 22/10/1960 to 1/10/1962 and was dissolved for non-cooperation between the Legislative and the Executive. Its Members were 60.

 

THE 7^th HOUSE OF REPRESENTATIVES:

It lasted from 8/7/1962 until 12/4/1963 and was dissolved for lack of cooperation between the Legislative and the Executive.

 

THE 8^th HOUSE OF REPRESENTATIVES:

It lasted from 8/7/1963 to 23/12/1966 and was dissolved for lack of cooperation between the Executive and the Legislative.

 

THE 9^th HOUSE OF REPRESENTATIVES:

It was elected on 18/4/1967 and completed its term which was extended for three more years from 3/3/1971. As a result of the political circumstances and the occupation of the West Bank, this House stayed and held many sittings for taking important decisions, the most important of which was the amendment of the Constitution. This House lasted until the formation of the National Consultative Council (NCC) on 20/4/1978.

9. The 2nd Senate:

It was formed on 20/4/1950 and continued until dissolved on 3/5/1951. Its Members were 20.

10. The 3^rd Senate:

It was constituted on 1/9/1951 and continued until dissolved on 31/10/1951.

11. The 4^th Senate:

It was constituted on 1/11/1951 and continued until the completion of its constitutional term on 31/10/1955.

12. The 5^th Senate:

It was formed on 1/11/1955 and continued until the completion of its constitutional term on 31/10/1959. Its Members were increased from 20 to 25.

13. The 6^th Senate:

It was formed on 1/11/1959 and lasted until the end of its term on 31/10/1963. Its Members were increased from 25 to 30.

14. The 7^th Senate:

It was formed on 1/11/1963 and dissolved at the completion of its term on 31/10/1967.

 

15. The 8^th Senate:

It was formed on 1/11/1967 and continued until 1/11/1971.

16. The 9^th Senate:

It was formed on 11/11/1971 and continued until 21/8/1973 upon the resignation of one third of its Members.

17. The 10^th Senate:

It was formed on 21/8/1973 until dissolved on 27/11/1974.

18. The 11^th Senate:

It was constituted on 1/12/1974 and completed its term on 20/1/1979.

19. The 12^th Senate:

It was formed on 20/1/1979 and continued until 20/1/1983 completing its term.

20. The 13^th Senate:

It was formed on 20/1/1983 and lasted until 10/1/1984 when it was dissolved.

 

21. The 14^th Senate:

It was formed on 11/1/1984 and lasted until 12/1/1988 completing its term.

22. The 15^th Senate:

It was formed on 12/1/1988 and continued until 23/11/1989 when it was dissolved after the dismantling of relations with the West Bank.

23. The 16^th Senate:

It was formed on 23/11/1989 and continued until 22/11/1993 completing its term.

24. The 17^th Senate:

It was formed on 23/11/1993 and continued until 22/11/1997 completing its term.

25. The 18^th Senate:

It was formed on 23/11/1997 and still present.

 

 

FREEZING OF PARLIAMENTARY LIFE:

Parliamentary life in Jordan was frozen due to the occupation by Israel of the West Bank of Jordan and the Arab and international circumstances particularly after the resolution of the Arab Summit Conference held in Rabat in October 1974 which called for the recognition of the Palestine Liberation Organization (PLO) as the sole legitimate representative of the Palestinian Arab people and the approval of the establishment of an independent Palestinian rule in the West Bank after the elimination of the Israeli occupation. This imposed on the Government of Jordan to accept the conference’s resolution and to freeze parliamentary life and look for a new formula to fill the resulting parliamentary vacuum. Thus the National Consultative Council (NCC) was formed as a formula taking into consideration the exceptional circumstances which the Kingdom went through to temporarily replace the House of Representatives until the situation cleared up.

 

The function of the (NCC) was to give opinion and consultation to the Executive Authority, debate public policy, consider all the legislations and laws issued by the Government, discuss the general policies of the State in a framework of cooperation with the Government and in a spirit of public interests. On this basis, the (NCC) Law was issued. During this period three NCC’s were formed as follows:

 

26. The 1^st NCC: formed on 20/4/1978
27. The 2^nd NCC: formed on 20/4/1980
28. The 3^rd NCC: formed on 20/4/1982 which was dissolved on 8.1.1984 in order to return to parliamentary life.

 

RETURN OF PARLIAMENTARY LIFE

After an absence of eight years; as another evidence of the soundness of the constitutional environment and the deep roots of parliamentary traditions; and to underscore the basic concepts of governance; it was announced in January 1984 that Jordan was returning to parliamentary life. Based on this, the (NCC) was dissolved and the 9^th House of Parliament was called to convene in an extraordinary session to amend one of the articles of the Constitution. This House was called the 10^th House of Representatives and continued until 1988 when it was dissolved as a result of taking the political decision to dismantle the administrative and legal ties between the East Bank and the West Bank in July 1988 as a preliminary step to hold new elections.

This was another important turning point in Jordan’s parliamentary life in the aftermath of the convening of the Arab Summit Conference in Algiers in 1988. After the return from the Conference, Jordan – at the end of July 1988- issued the decision dismantling the relations between the two Banks; and the Government started to go back to parliamentary life without the representation of the West Bank.

 

THE HOUSES OF REPRESENTATIVES DURING THIS PERIOD (1989-NOW):

THE 11^TH HOUSE OF REPRESENTATIVES:

It lasted from 11/11/1989 until 4/8/1993. It was dissolved three months before the completion of its constitutional term to prepare for the holding of new elections. Its Members were 80, all from the East Bank.

 

THE 12^TH HOUSE OF REPRESENTATIVES:

It continued from 22.11.1993 up to 1.9.1997. It was dissolved three months before the end of its term to prepare for conducting new elections.

 

THE 13^TH HOUSE OF REPRESENTATIVES:

It was elected on 23/11/1997 and still present.

 

 

 

THE 1952 CONSTITUTION AND THE

CONSTITUTIONAL ORGANIZATION OF

THE HOUSE OF PARLIAMENT

 

The 1952 Constitution contains numerous constitutional principles contained in the 1946 Constitution. It also contains new principles. Definitely the unity of both Banks was one of the most important reasons behind the new principles of the Constitution which are of great importance to the parliament institution; they are:

1. The principle of the sovereignty of the nation and that it is the source of powers: The 1928 Basic Law and the 1946 Constitution did not provide for the sovereignty of the nation, but sovereignty was concentrated in the Council of Ministers and the King from the formal and actual aspects. This principle has far-reaching effects as it eventually leads to the right democratic regime.

 

2. The principle of separation between powers: This principle is adopted in the 1952 Constitution but not in an absolute way. It establishes such cooperation between the Legislative and the Executive and is evident in the fact that the Legislative may interfere in the various functions of the Executive, watch its performance through its right to control it and to hold the Cabinet as a whole or the individual Ministers accountable.

On the other hand, the Executive may take part in the functioning of the Legislative. It has the right to present bills; the right to approve them; the right to issue provisional laws in case of necessity; call the House to convene in ordinary and extraordinary sessions; adjourn and postpone the convening of the Parliament.

 

3. The regime in Jordan is parliamentary with a hereditary monarchy: Jordan’s Constitution adopts the parliamentary system; the Head of State is not held responsible; the Cabinet is responsible before the House of Representations.

 

4. The Parliament is bi-cameral: As per the Constitution the House of Parliament is bi-cameral. The Senate whose Members are appointed by the King; the House of Representatives is elected and represents public opinion.

1. The term of the Senate is four years and is consistent with term of the House of Representatives. When the House is called to convene in its first ordinary session after elections, a new Senate is appointed.

 

2. The King appoints the President of the Senate for two years, renewable.

 

3. The term of the House of Representatives is four years starting from the date of the declaration of the results of general elections in the Official Gazette. The king may extend the term of the House for a period of not less than one year and not more than two years.

 

4. The Speaker of the House is elected by its Members for one year at the start of every ordinary session and continues until the start of the following session.

 

 

 

 

(THE MECHANISM OF ISSUING LAWS)

 

3. THE LEGISLATIVE PROCESS:

 

Pursuant to Article 25 of the Constitution, the legislative process is not restricted to the House of Parliament; the Executive takes part therein as well. The main stages through which ordinary legislation passes are three:

10. Proposal of the bill
11. Approval of the bill
12. Authentication and issuance of the bill

 

 

 

 

STAGE (1): Proposal of the Bill:

The right to propose bills is for both the Executive and the Legislative Authorities.

1. the right of the Executive to propose:

Article 91 of the Constitution provides, “The Prime Minister shall refer to the House of Representations any draft law………….

The reason for this right is that the Cabinet is responsible –as per the Jordanian Parliamentary System –for the internal and external policies and for the implementation of programs and best knows the real needs of the people.

There are two restrictions on this right:

The necessity of submitting the bill to the House; and that it is not permitted to present the rejected bill again the same session.

2. The Right of the Legislative to propose:

Article (95) of the Constitution provides, “(i) Any ten or more Senators or Deputies may propose any law. Such proposal shall be referred to the Committee concerned in the House for its views. If the House is of the opinion that the proposal be accepted it shall refer it to the Government for drafting it in the form of draft law, and to submit it to the House either during the same session or at the following session.”.

The second paragraph of the same Article provides, “(ii) any law proposed by Senators or Deputies in accordance with the preceding paragraph and rejected by either House shall not be presented for a second time during the same session.”.

The Senate and the House are equal in regard to the proposal of bills.

Thus if a Member or more would propose a new bill or the amendment or cancellation of an applicable bill, he (they) should present the proposal and the necessitating reasons. The proposal will be referred to the relevant Chamber. If accepted, it will be referred to the competent Committee for opinion. If it is approved, it will be referred to the Government to be put in bill format and presented to the House of Representations in the same or following session.

 

Third: Withdrawal of Bills:

It’s been the tradition in Jordan – as regards the bills presented by the Government to the House of Representations – that it can withdraw them as long as the House has not yet decided to accept or reject the bill. The Government bill may be withdrawn by a decision from the Cabinet. It is not conditional for such withdrawal to have a royal decree issued.

As for the bills proposed by the House of Parliament, it is agreed that the Government may not withdraw them.

 

STAGE (2): Approval of Bills:

The Constitution gave this right to the House of Parliament. Article (91) of the Constitution provides, “No law may be promulgated unless passed by both the Senate and the House of Representatives and ratified by the King.”

For its final approval, it should be passed by the House, then the Senate, and ratified by the King.

 

THE LEGISLATIVE RELATION BETWEEN

THE HOUSE OF REPRESENTATIVES &THE SENATE

 

After drafting the bills by the Government, they are referred to the House of Representatives. The Speaker presents the bill to the House for debate and voting. If the House contends that there is a need for such a bill, it will refer to the competent Committee for opinion. If it doesn’t, it may decide to reject the bill.

The authority of the House in this regard as per article (91) of the Constitution is limited to three options:

To accept the bill as received from the Government, to amend it, or to reject it. In all cases, it should be referred to the Senate; i.e. the House may not simply keep the bill with it without acceptance, amendment or rejection because this would mean that it is refraining from expressing opinion in the proposed bill; which is not consistent with the provisions of the Constitution.

The bills are referred from the House of Representatives to the President of the Senate which in its turn refers it the competent Committee. Any Member has the right to make proposals to the Committee through the Speaker/President.

After the Committee completes its study, it returns the bill to the House along with its report. Then voting takes place. The Senate, as well, has the right to accept, amend or reject the bill. If the Senate accepts the bill as received from the House, it is referred to King for ratification and issuance. If the Senate refuses the bill, it will be returned to the House of Representatives along with the justifying reasons in the session when the bill was rejected. However, the bill may be submitted in the following session.

If both Houses differ as regards the bill, i.e. if the Senate doesn’t approve it as approved by the House of Representatives – whether the decision of the Senate is by amendment or rejection- it will return to the House. The House will debate it again in the light of the suggestions made by the Senate. If the House approves the amendment or rejection of the Senate, it will return it to the Senate for approval and for referral to the King for ratification and issuance.

If the House doesn’t approve the bill as received from the Senate and insists on its attitude, it will be returned to the Senate. If the Senate accepts it, then it will be referred to the King for authentication and issuance. If it insists on disapproval, the President of the Senate shall call for a joint session. In this case, Article (92) of the Constitution stipulates that in order for the bill to be accepted, the decision of the joint session should be issued by two- thirds majority of the Members present. If the bill is rejected in the joint session, it may not be presented again to the House in the same session.

 

STAGE (3): Authentication and Issuance of Bills:

The Constitution gives the authority of issuance to the King. Article 31 provides, “The king ratifies the laws and promulgates them. He shall direct the enactment of such regulations as may be necessary for their implementation.” It regards the King as part of the Legislative Authority as mentioned in Article (25) in his capacity of the head of all authorities as provided for in Article (30) of the Constitution.

 

* THE RIGHT OF AUTHENTICATION:

As we mentioned, the King ratifies laws, and that no law may be issued unless approved by both Houses and ratified by the King.

To exercise this right by the King, Article 93 provides for the manner of his exercise of ratification as follows:

1. Every draft law passed by the Senate and the Chamber of Deputies shall be submitted to the King for ratification.
2. 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.
3. 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.

 

* ISSUANCE OF LAWS

For the issuance of laws, there is a legal process performed by the King. It includes two points:

1. The declaration of the birth of a new law: which is a certification by the Head of State that the House of Parliament approved the law to be issued.
2. An order from the Head of the Executive Authority (the King) for the implementation of the provisions of the law, each in his competence.

 

This process of issuance is a legal procedure, which the legislation should go through.

 

SECOND: THE RELATION AND EXCHANGED

INFLUENCE THROUGH THE POLITICAL

FUNCTION IN THE CONSTITUTION

 

The House of Parliament performs political functions in addition to its main job, i.e. legislation. What is meant by the political job or functions is the parliamentary control over the performance of the Executive Authority (the Government) of the competencies delegated thereto under the Constitution. Control is done through the presentation of the Government program when the Government takes over its functions and the approval given by the Parliament to this program (in case of the granting of confidence) and its control of the performance of the Government after the implementation of the program.

The parliamentary system in Jordan adopts the principle of the flexible moderate separation among authorities which is based on cooperation and integration. In order to achieve such hoped cooperation, each Authority should be familiar with the function of the other Authority. This is what is stipulated for in the Constitution. This is coupled by the idea of balance between the Government and the House of Parliament so that each Authority can influence the other within its competence.

The Government is placed in the position of responsibility through the control and media means and ways, which the Constitution availed to the Parliament in order to familiarize the Members of Parliament with the progress of Government programs. Such means and ways include:

Questions: it is one of the means meant to know an unknown matter. It may also means to draw the attention of the Government to a certain matter. The Question is regarded as a personal right for the person addressing it whether he is a Senator or an M.P.

Interpellations and Accusations: They are a very important means of control. This method is more important and more dangerous than Questions because it is not meant to be an inquiry about a certain matter but it involves the accounting of the Government and addressing blame to it for a certain issue related to the general policy of the Government. This method would go as far as requesting the casting of the vote of confidence in a certain Minister or the whole Cabinet. The Minister is tried before the Supreme Council.

1. The Supreme Council: It is composed of the President of the Senate, as President, and eight members, three of whom are appointed by the Senate from amongst its Members by ballot, and five from amongst the Judges of the highest regular courts in the light of seniority. In case of necessity, the number will be complemented from the presidents of the courts that follow them with consideration to seniority as well.

1. Its function: To try the Ministers for crimes addressed to them in the course of their performance of their functions.
2. Responsibility of the Supreme Council: The Council applies the Penal Code applicable to the crimes provided for therein. A special law will specify the crimes that entail the responsibility of Ministers in the cases not handled by the Penal Code.
3. Manner of Trial of Ministers: The Supreme Council shall by itself establish the manner of trial of Ministers until a special law is issued for this purpose.
4. Suspension of the Minister During Trial: The Minister charged by the House of Representatives shall be suspended from work until the Supreme Council decides on his case. His resignation shall not prevent the filing of a suit against him or the continuation of his trial.
5. Interpretation of the Provisions of the Constitution: The Supreme Council has the right to interpret the provisions of the Constitution if it is so requested by a decision issued by the Cabinet or by a decision taken by either House of Parliament by absolute majority.
6. Investigation: It is an important means of control in order to know about certain matters through the formation of special Committees of the Members of the House. Through these Committees, contact is made with individuals and employees to get information on the issue. It has the right to resort to various means it deems fit for the purpose.
7. Request of Debate: Through it, facts can be known and it is a means for the exchange of opinion with the Government on a certain issue to disclose facts or to hear the Government policies.

The Government as well has the right to request debate with the Parliament to familiarize the House with the policies of the Government regarding a certain issue.

8. Motions: It means to ask the Government to perform a certain function or adopt a certain plan. This establishes the House’s right to generally supervise the affairs of the State and to control the policies of the Government.
9. Hearing of Petitions: This is to hear the petitions and complaints of citizens regarding a certain issue related to the functions and policies of the Government.

 

The Government as well has its own means to influence the functions of the Legislative Authority. Through the means availed to it pursuant to the Constitution, it can watch the functions of the Legislative Authority and influence them. Amongst them are:

10. The right to call for general elections. It may also postpone the elections and supervise them. It may also summon the dissolved House which in this case will be regarded existent from all aspects.
11. The right to call for the convening of the ordinary session.
12. The right to call for postponing the ordinary session.
13. The right to adjourn the ordinary session.
14. The right to attend the sittings of the House of Parliament.
15. The right to participate in debates and the right of the Ministers who are Senators and M.P.’S to vote on bills; and the right of the M.P. Ministers to be members in parliamentary Committees.
16. The right to appoint the Members of the Senate.
17. The right to call for an extraordinary session.

 

 

 

POLITICAL PARTY REPRESENTATION

IN PARLIAMENT

 

From the start, Jordan adopted the parliamentary system, which means the right in participation, opposition and political plurality. The Jordanian Constitution adhered to this course proving the keenness of the Jordanian leadership to deeproot the bases of democracy, and that there could he no democracy without political parties.

However and as a result of the disturbances that took place in the country on 25/4/1957, an order was issued abolishing political parties after it was proven that said parties had their connections and ties to foreign and outside entities; and each party took the others as enemies; and every party regarded itself as the sole representative of legitimacy and truth.

With the issuance of Parties Law #32 for 1992, Jordan has taken a large step on the path of the deeprooting of the democratic march because political pluralism is the basic cornerstone in democratization, and the first step towards the State of institutions and the sovereignty of law.

The Parties Law for 1992 deeproots political plurality after a suspension for some forty years; it wasn’t the creator of such parties, but rather the organizer of their functioning. Jordan’s 1952 Constitution provides in Chapter II “Jordanian’s Rights and Duties“, Article 16/2, “Jordanians are entitled to establish societies and political parties provided that the objectives of such societies and parties are lawful, their methods peaceful, and their bye-laws not contrary to the provisions of the Constitution.”.

Paragraph 3 of the same article provides “The establishment of societies and political parties and the control of their resources shall be regulated by law.

Paragraph 10 of Chapter 1 of the National Charter “The Reasons and Objectives of the National Charter” provides, Political party and intellectual plurality is the vehicle for the deeprootig of democracy and achieving the participation of the Jordanian people in the administration of the affairs of the State; it is the guarantee of national unity and building of the balanced civil society.”.

The Political Parties Law # 32 for 1992 consists of 28 articles that accurately detail the definition of parties, the conditions for their license, the exercise of their activities, the need to adhere to Jordanian laws and rules, the respect of political plurality, national unity and the preservation of national identity.

The appearance of political parties coincides with the alleviating of the centralization of the exercise of power and the individuality of taking decisions. Political parties express the ambition of people through their representatives in the Executive and in the influence on the decisions on the Legislative, because political plurality guarantees the rotation of power and the freedom of expression of opinion and interests.

Upon the issuance of the Political Parties Laws, # 32 for 1992, parties started to submit license applications in order for their functions to be legitimate. The number of parties reached 26 until 1997.

This big quantity of parties is not a phenomenon particular to Jordan, but it is a general phenomenon in every country that witnessed a sudden movement to political party plurality after a long period of suspension from the exercise of democracy. This consequently affects the functioning of parties.

As some parties realized that crowdedness jeopardizes movement particularly that such parties have similar objectives and programs to some extent and that they hardly meet the number conditional for the formation of parties, they felt their point of weakness and were forced to amalgamate. On 6/5/1997 nine centrist parties united under the name of “The National Constitutional Party.”.

Although the Parties Law gave every Jordanian the right to enrol in parties, yet citizens are hesitant to do so. This is because of the large number of the similar parties in their objectives and programs and the difficult economical conditions which Jordan went through in the aftermath of the Second Gulf War. It is hoped that such fear will diminish alongside the deeprooting of democratization; and the unification of parties, so that they become influential forces in political life. This will make citizens more enthusiastic to join parties until they become qualified to form Governments.

His Majesty the late King Hussein stated that in the future the largest party might be asked to form the Cabinet should it have the majority in the House of Representatives.

The political party orientations represented in the 11^th and 12^th Houses of Representatives may be defined as follows:

1. Centrist : It emanates from local and tribal backgrounds with conservative political and intellectual orientations.
2. Nationalist: It represents a broad trend in the Jordanian political life in spite of its ineffectiveness in reaching the Parliament.
3. Islamist: It is the strongest party orientation operating on the Jordanian fore. It succeeded in reaching the 11^th and 12^th Houses of Representatives.
4. Leftist: It roots go back to the Communist Party and socialist thought.

 

In spite of the fact that the 1989 elections took place before the issuance of the Political Parties Law and the National Charter, i.e. the participation of the existing political parties in the elections before said issuance took place without officially confessing political party affiliations although some candidates were affiliated to political parties.

These parties succeeded in making some of their members reach the House of Representatives as per the following percentages as compared to the total number of M.P.’S:

 

1. The Islamic Movement: The main component thereof is the Moslem Brotherhood: 23 M.P.’s: 30% .
2. The Jordanian National Group: 3 M.P.’s : 3-8% .
3. Almustakbal Party: 3 M.P.’s: 3.8%
4. The Democratic People Party (HASHD): 1 M.P.’s: 1.25%.
5. The Jordanian Democratic Popular Unity Party: 1 M.P.: 1.25%.
6. Altaqtha Party: M.P.: 1.25%.
7. The Socialist Democratic Party: 1 M.P.: 1.25%.

 

This shows that political party representation in the 11^th House of Representative was 42%.

 

The 8/11/1993 elections were a test of the extent of effectiveness of political parties, their programs and their steadfastness on the Jordanian fora. Prior to the elections, there was a hot argument regarding the “One Man One Vote” Law between those supporting and these opposing the Law. Those supporting thought that it promotes equality amongst citizens; while others opposed it because they thought it caused changes in the balance of political forces; limited choices to a narrow preference and deeproted tribalism.

 

The following political parties participated in the 1993 elections; and the results were as follows:

1. The Islamic Action Front Party: 16 M.P.’s
2. The Jordanian National Group: 4 M.P.’s
3. AlAhd Party: 3 M.P.’s
4. AlYaqtha Party: 2 M.P.’s
5. The Socialist Democratic Party: 1 M.P.
6. The Socialist Arab Baath Party: 1 M.P.

 

7. AlWatan Party: 1 M.P.
8. The Democratic Arab Party: 1 M.P.
9. AlMustakbal Party: 1 M.P.
10. The Communist Party: Couldn’t make it to this House.
11. The remaining M.P.’s were independent.

 

From the 1993 elections, we can come to the following conclusions:

 

1. The percentage of political party representation in the 11^th House was larger than it was in the 12^th House. In the 11^th it was 42% while in the 12^th it was 20% .

 

2. The independent M.P.’s in both the 11^th and 12^th Houses were living in a state of non-agreement on a particular point of view- This was different from the case of parties and blocs; and although there sometimes were differences amongst their members, their work was generally characterized by some harmonization and agreement. This shows the importance of political parties in the first place and parliamentary blocs in the second in the development and activation of parliamentary work.

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