Proposed Jordanian Constitution

Public Draft #2

Click Here For A PDF Version Of The New Jordan Constitution – 2021 

Preamble

We, the free people of Jordan, in an effort to create a society that will better the lives of all those living within our boarders, are crafting this Constitution in an effort to transition from today’s Monarchy to a modern contemporary democratic country that will compete economically around the world while supporting the concept of one man, one vote. We believe that this will enhance the individual rights of each and every citizen residing, as either nationals or visitors, within Jordan.

 

We, the people of Jordan, of all components and across the spectrum, have taken upon ourselves to decide freely and by choice to unite our future, to take lessons from yesterday for tomorrow, and to enact this permanent Constitution, for the people, by the people and of the people. As such, this Constitution outlines and preserves, for Jordan and its citizens, today and tomorrow, their free union of people, of land, and of sovereignty.

 

We, the free people of Jordan, are enacting the provisions of this Constitution not just with confidence, but with an eye to the future that supports the concept that through a democratically elected, republican, federal, democratic and pluralistic system, we will, with the determination of our men and women of all ages, to respect the rule of law, establish justice and equality while casting aside the politics of aggression, as well as pay attention to women and their rights, the elderly and their concerns, and children and their affairs, to spread the culture of diversity, and to defuse terrorism.

 

Section One Fundamental Principles

Article 1: Independent State

The State of Jordan is a single federal, independent, democratically elected and fully sovereign state in which the system of government supports the concept of one man/woman, one vote, and is based on republican, representative, parliamentary, and democratic principles as seen through the eyes of renowned philosophers like Locke and Thomas Jefferson.

 

Article 2: A Muslim State Committed to La Ikraha Fel Deen (Freedom of Religion)

First: Jordan is a free and independent country that embraces multi-culturalism, as well as the freedom of religion. Upon adoption of this document, the world shall be placed on notice that today’s modern Jordan accepts and welcomes all religions, and treats them equally; while the Jordanian state’s official religion is Islam; and

A- No law may be enacted that contradicts this principle or enacts one as long as this Constitution exists; and

B- No law may be enacted contradicting the principles of democracy as outlined in this document and practiced under the one man, one vote concept; and

C- No law may be enacted that contradicts the rights and basic freedoms of the citizens and people of Jordan as specifically stipulated in this Constitution and the associated outlined rights.

D- No person, of any heritage, religion, status or position, is above the civil rule of law, including the concepts contained in this Constitution

Second: With the enactment of this Constitution, the provisions of this document will guarantee that all people and religions residing in Jordan have the right to choose how, and to whom, they want to worship, guaranteeing every citizen the right to worship and practice the religion of their choice, as they choose, as long as they are peaceful and do not negatively affect the rights of others.

 

Article 3: Language & Education

First:  Although multiple languages can (and are) spoken in Jordan, Arabic shall be declared Jordan’s official language.

Second: All Jordanians are born with the right to education in their mother tongue, and a system of governmental educational institutions that are designed in accordance with guidelines that expand public and private educational institutions and opportunities, including equally for both men and women.

Third: Arabic shall be used in the production and publication of all official documentation, including voter information, text books (other than foreign language courses), and official government documents, including introduced, proposed and enacted legislation. If alternative languages are needed, they shall either be produced as needed and posted online via a governmental website that is open and available to the public. This includes “Brail”.

 

Article 4: Sovereignty

The law, as outlined in this document, is sovereign and stems directly from the will of the people who are the source of The State of Jordan’s authority and legitimacy. 

 

Article 5: Transfer

Transfer of authority shall be made peacefully through democratic means as stipulated in this Constitution. Transfer shall occur within 60 (sixty) calendar days.

 

Article 6: Outlaw terrorist groups, including the Muslim Brotherhood, Hamas and Hezbollah

First: Any entity or program that adopts, incites, facilitates, glorifies, promotes, or justifies racism or terrorism or discrimination against others on the base of race, religion, ethnicity, faith, gender, disability of physical appearance, shall be prohibited within the geography known as The State of Jordan. The framers of this document, and those who vote for to support it, believe that such entities are not part of a modern society, and as such, will not be a part of modern Jordan. Because of the freedoms outlined in this document, this shall be regulated through legislative and judicial bodies.

Second: The State, in an effort to protect the citizens of this country and tourists, shall undertake to combat terrorism in all its forms, and shall work to protect its territories from being a base, pathway, or field for terrorist activities.

Third: Internationally recognized Terrorist groups such as Hamas, Hezbollah, ISIS and the Muslim Brotherhood are outlawed unless they support and comply with this Constitution, and as such, change their operational principals, message and motives.

 

Article 7: Nation State

Jordan, as a modern nation state that upholds its duties and responsibilities, shall:

a)    Recognize and support all treaties entered into that support peace and cooperation between neighbors and trading partners;

b)    Observe the principles of good neighborliness;

c)    Adhere to the principle of noninterference in the internal affairs of other states;

d)    Seek to settle disputes by peaceful means;

e)    Will continue to support the United Nation’s and its principals and laws;

f)     Establish relations on the basis of mutual interests and reciprocity;

g)    Respect its international obligations;

h)    Will contribute equally to the regional stability by providing our neighbors, trading partners and other world governments, with assistance during national emergencies and natural disasters.

 

Article 8: Military

First:

A– Jordan’s armed and security services will be composed of the components of the Jordanian people, with due consideration given to their balance and representation without discrimination or exclusion. They shall not only be directed to protect The State of Jordan, but shall be subject to the control of the civilian authority, and as such, shall be forbidden to be used as an instrument to oppress their own people. Additionally, they shall not be used to interfere in the nation’s political or social affairs, and shall have no role in the transfer or operations of political power or authority.

B– The formation of private military militias outside the framework of the armed forces is strictly prohibited.

C– Jordan’s armed forces and personnel, including military personnel working in the Ministry of Defense or any subordinate departments or organizations, may not stand for election to political office, campaign for candidates, or participate in other activities prohibited by Legislative or Ministry of Defense regulations. This ban includes the activities of the personnel mentioned above acting in their personal or professional capacities, but shall not infringe upon the right of these personnel to cast their vote in the elections. If someone from the military wishes to run for office, they are entitled to, but they must resign from the military and wait 365 days before their announcement to run for the selected office.

DJordanian Central Intelligence Agency shall collect information, assess threats to national security, and advise the Jordanian government. This Service shall be under civilian control, shall be subject to legislative oversight, and shall operate in accordance with the law and pursuant to the recognized principles of human rights and privacy.

E- The Jordanian Government, on behalf of its people and neighbors, shall respect and implement Jordan’s international obligations regarding the non-proliferation, non-development, nonproduction, and non-use of nuclear, chemical, and biological weapons, and shall prohibit associated equipment, materiel, technologies, and delivery systems for use in the development, manufacture, production, and use of such weapons.

Second: Military service shall be regulated by law and overseen by both the Commander in Chief and the Jordanian Department of Defense in accordance with legislative directives and needs.

 

Article 9: Shrines & Tourism

First: The holy shrines and religious sites in Jordan are religious and civilizational entities and shall be considered and treated as national treasurers. These sites belong to the people of Jordan and world. As such, Jordan is committed to assuring and maintaining their sanctity, and to guaranteeing the free practice of rituals in them – for all people of the world.

Second: Tourism is an important part of Jordan’s economic growth. As such, all tourist sites are open to the public for all to use, share and enjoy and take national pride in. Their safety, along with all tourists, is of major importance to the Jordanian state.

 

Article 10: Capital

Amman is the capital of The State of Jordan. The capital may be replaced by a vote of the Legislature or people and the construction of new facilities to house said administration.

 

Article 11: Flag, Anthem & Emblem

First: The flag, national anthem, and emblem of The State of Jordan shall be regulated by law in an effort to best symbolize the components of the Jordanian people.

 

Article 12:

First: This Constitution is the preeminent and supreme law in Jordan and shall be binding in all parts of the country without exception. No person is above the Constitution or adopted law(s) of the land.

Second: No law that contradicts this Constitution shall be enacted at the national, state or local levels. All State and regional documents are subservient to the Constitution. The determination as to a laws legality or validity shall be made by the judicial branch of government, in accordance with established law and operation.

 

Section Two Rights & Liberties

 

Chapter One: Civil & Political Rights

 

Article 13: Equality Before the Law

Jordanians are equal before the law without discrimination based on gender, race, ethnicity, nationality, origin, color, religion, sect, belief or opinion, or economic or social status.

 

Article 14: Life, Security, Liberty and Education

Every individual has the right to enjoy life, security and liberty, as well as receive an education regardless of age, race, religion, creed or sex. Deprivation or restriction of these rights is prohibited except in accordance with the law and based on a decision issued by a competent judicial authority.

 

Article 15: Equal Opportunities

Equal opportunities shall be guaranteed to all Jordanians, and the state shall ensure that the necessary measures to achieve this are taken.

 

Article 16: Privacy

First: Every individual shall have the right to personal privacy so long as it does not contradict the rights of others and recognized public morals.

Second: The sanctity of the homes shall be protected. Homes may not be entered, searched, or violated, except by a judicial decision in accordance with established law and public practice.

 

Article 17: Citizenship

First: Jordanian citizenship is a right for every Jordanian and is the basis of his or her nationality.

Second: Anyone who is born to a Jordanian father or to a Jordanian mother shall be considered a Jordanian. Additionally, anyone born in the country shall be considered a Jordanian citizen. This shall be regulated by law.

Third:

A– A Jordanian citizen by birth may not have his citizenship withdrawn for any reason. Any person who had his citizenship withdrawn shall have the right to demand its reinstatement. The only ones who can withdraw a Jordanian citizenship is the Court system after proper hearing, representation and appeal(s). This shall be regulated by a law.

BJordanian citizenship shall be withdrawn from naturalized citizens in cases regulated by law.

Fourth: A Jordanian may hold dual citizenships; with no impairment of his or her right to run for public office or represent Jordan in any local, national or international forum or arena.

Fifth: Jordanian citizenship can be granted for the purposes of the advancing positive public population policy, upon legislative approval. 

Sixth: Citizenship provisions shall be regulated by law and in accord with the Jordanian Citizenship Act. The competent courts shall consider any suits arising from those provisions and make appropriate rulings, based on the contents and precedents established by this Constitution.

Seventh: All Jordanians meeting one or more of these requirements shall be eligible for Passports and other rights as outlined in this Constitution.

 

Article 18: Judiciary

First: The judiciary is independent, but equal branch of government; and no power is above the judiciary except the law as established by the Legislature and legal under the concepts of this Constitution. They are empowered to uphold the laws of The State of Jordan.

Second: There shall be no crime or punishment in Jordan except as pronounced by law. The punishment for an act that the law considers a crime when perpetrated shall be determined by the courts, based on enacted legislative concepts. A harsher punishment than the law allows at the time of the offense, may not be imposed. No criminal law shall be retroactive in any fashion.

Third: The right to be represented before your accusers is supported by this Constitution. As such, the right to both personal and criminal litigation shall be a protected and guaranteed right for all.

Fourth: The right to a defense in any or all legal actions shall be sacred and guaranteed in all phases of investigation and trial.

Fifth: With the establishment of this Constitution, The State of Jordan announces that the accused is innocent until proven guilty in a fair and legal trial, based on laws established in accordance with this Constitution. The accused may not be tried for the same crime for a second time after acquittal unless new evidence is produced.

Sixth: Every person shall have the right to not only be represented before judicial and administrative proceedings, but shall be treated with respect and justice.

Seventh: The proceedings, findings and conclusions of a civil or criminal trial are public. 

Eighth: Punishment shall be inflicted on the perpetrators and as such, shall be personal in nature, based on the evidence and established by a jury.

Ninth: Laws shall not have any retroactive effect(s). This exclusion shall not include laws relative to taxes and fees. These laws can only be made retroactive to the beginning of that specific calendar or established tax year in which the law is/was passed or enacted.

Tenth: Criminal laws shall not have retroactive effect, unless it is to the benefit of the accused.

Eleventh: In the advent that someone being tried for a criminal violation has the right to be represented in court by themselves and a legal representative. Should the accused not be able to afford legal representation, the court shall appoint a lawyer at the expense of the state for an accused of a felony or misdemeanor.

Twelfth:

A- Unlawful detention of any person in Jordan shall be prohibited. Detentions may not last longer than 48 (forty eight) hours. At which time the person detained must be charged and/or taken before a magistrate and informed of their crime, related rights and have legal council appointed.

B- The legislature may, based on need, may introduce and adopt a counter-terror act that establishes detainment and procedures the government, military and the police service can use when terror is involved). This act will – and can – outline detainment principles and concepts that are adopted during times of war or national emergencies.

C- Imprisonment or detention shall be prohibited in places not designed for these purposes, pursuant to prison laws covering health and social care, and subject to the authorities of the State.

Thirteenth: The preliminary investigative documents shall be submitted to the competent judge in a period not to exceed forty-eight (48) hours from the time of the arrest of the accused, which may be extended only once and for the same period, based on approval by a judicial authority.

Fourteenth: All accused individuals throughout the land shall be:

A-   Presumed innocent until proven guilty;

B-   Have the right to aid in their own defense;

C-   All accused shall not be tried if they are found to not be able to mentally assist in their own defense.

 

Article 19: Participation

Jordanian citizens, men and women of legal age, shall have the right to participate in public affairs and to enjoy political rights including the right to vote, elect, and run for office. Additionally, all actions of the government shall be transparent and open, and designed to assist citizen participation in the government. All citizens, of all ages, races, religions, creeds and sexes are entitled to visit their government in action and can do so by writing letters, meeting with their officials and testifying before legislative bodies when legislative proposals are discussed or special hearings are held.

 

Article 20: Surrendering to Foreign Entities & Political Asylum

First: No Jordanian shall be surrendered to foreign entities and authorities unless war has been declared or an agreement or compact has been created that not only recognizes the rights outlined in this Constitution, but guarantees that no form of death shall occur from said transfer, trail and sentencing.    

Second: A law shall regulate the right of political asylum in Jordan. No political refugee shall be surrendered to a foreign entity or returned forcibly to the country from which he fled, unless ordered by a court. No refugee shall be surrendered without a compact between Jordan and said country and/or the death penalty is not involved. Because of the changing nature or war and terrorism, the Legislature shall establish rules based on need.

Third: Political asylum shall not be granted to a person accused of committing international or terrorist crimes or to any person who inflicted damage on Jordan or our friends and allies.

 

Second: Economic, Social & Cultural Liberties

Article 21:

First: Work is a right for all Jordanians in a way that guarantees a dignified life for them.

Second: The law shall regulate the relationship between employees and employers on economic bases and while observing the rules of social justice and economic benefit.

Third: The State of Jordan shall guarantee the right to form and join unions and professional associations, and this shall be regulated by law.

 

Article 22: Private Property

First: As adopted, this Jordanian Constitution specifically recognizes the right to private and personal property and as such is designed to protect both types of property. The owner of said property shall have the right to benefit, exploit and dispose of private property within the limits of the law.

Second: Expropriation of property is not permissible except for the purposes of public benefit without the right of a hearing or just compensation, and this shall be regulated by law.

Third: Every Jordanian shall have the right to own property anywhere in Jordan. No others may possess immovable assets, except as outlined or exempted by law.

 

Article 23: Freedom of Movement & Trade

The State shall guarantee and protect the freedom of movement of Jordanian people, manpower, goods, and capital between regions and governorates, and this shall be regulated by law.

 

Article 24: Guaranteed Economic Reform

The State shall guarantee the reform of the Jordanian economy in accordance with modern economic principles to insure the full investment of its resources, diversification of its sources, and the encouragement and development of the private sector.

 

Article 25: Investments

The State of Jordan shall guarantee the encouragement of investment in the various sectors, all of which shall be regulated by law.

 

Article 26: Public Assets

First: Public assets are sacrosanct, and their protection is the duty of each citizen for the future growth of The State of Jordan.

Second: The provisions related to the preservation of State properties, their management, the conditions for their disposal, and the limits for these assets not to be relinquished, nor shall they be regulated by law.

 

Article 27: Taxation by Law

First: No taxes or fees shall be levied, amended, collected, or exempted, except as outlined by transparent laws enacted by the legislature after proper public hearings.

Second: The State of Jordan shall work hard to exempt all Low income earners from taxes in a way that guarantees the preservation of the minimum income required for living. This shall be regulated and enforced by law.

 

Article 28: The Jordanian Family

First:

A- Jordanians, by supporting this Constitution with their vote, recognize that the family is the foundation of society, and as such, the State shall do all that it can to preserve it and its religious, moral, and national values.

B- The State shall guarantee the protection of motherhood, childhood and old age, and as such, shall care for children and youth by providing them with the tools needed to develop talents and abilities, with a focus being education at all levels.

Second: Children have the right to upbringing, care and education from their parents. Parents have the right to respect and care from their children, especially in times of need, disability, and old age.

Third: Economic exploitation of children in all of its forms shall be prohibited, and the State shall take the necessary measures for their protection.

Fourth: All forms of violence and abuse in the family, school, and society shall be prohibited.

Fifth: All citizens, male or female of any age, have the right to an education paid for by The State of Jordan through high school.

 

Article 29: State Guarantees

First: The State shall guarantee to the individual and the family – especially children and women – social and health security, the basic requirements for living a free and decent life, and shall secure for them suitable income and appropriate housing.

Second: The State shall guarantee social and health security to Jordanians in cases of old age, sickness, employment disability, homelessness, orphan hood, or unemployment, shall work to protect them from ignorance, fear and poverty, and shall provide them housing and special programs of care and rehabilitation, and this shall be regulated by law.

 

Article 30: Health Care

First: Every Jordanian citizen has the right to universal health care. The State shall maintain public health institutions and provide them with the means to help prevent and treat their needs. That includes building different types of hospitals and health institutions, as well as educational facilities to help train future medial leaders.

Second: Individuals and entities have the right to build hospitals, clinics, or private health care centers under the supervision of The State of Jordan, and this shall be regulated by law.

 

Article 31: Special Needs

The State of Jordan shall care for the handicapped, medically infirmed and those with designated special needs, and shall ensure their rehabilitation in order to reintegrate them into society. This shall be regulated by law.

 

Article 32: Safe Environment

First: Every individual living, residing or visiting Jordan has the right to live in safe environmental conditions.

Second: The State of Jordan shall undertake the protection and preservation of the environment and its biological diversity in an effort to preserve a Jordan that is culturally diverse, empowered by their government and is supported by today’s Jordanians for the enjoyment of future Jordanians.

 

Article 33: Education

First: Education is a fundamental factor for the progress of society and is a right guaranteed by the state. Primary education through high school is mandatory and the state guarantees that it shall combat illiteracy. Receiving an education shall be deemed the duty of all Jordanians, those living or residing in Jordan, and as such, shall be open to any and all people regardless of age, race, religion, creed, sex or immigration status.

Second: Free education in all its stages is a right for all Jordanians. Educational Programs and benefits shall be established by law in accordance with need.

Third: The State of Jordan shall encourage scientific research for peaceful purposes that serve humanity and shall support excellence, creativity, invention, and different aspects of ingenuity.

Fourth: Private and public education shall be guaranteed, and this shall be regulated by law.

 

Article 34: Cultural Activities

The state shall promote cultural activities and institutions in a manner that befits the civilizational and cultural history of Jordan.

 

Article 35: Sports

The State of Jordan believes that participating in sports is good for the mind, body and soul, and is a right of every Jordanian no matter age, sex or religion. As such, The State of Jordan shall encourage, support and provide a variety of activities based on need and establish infrastructure and provide facilities to serve this purpose. All sports programs shall be open to those of all ages, races, religions, creeds and sexes.

 

Article 36: The Dignity of Men & Women

First:

A- The State of Jordan supports the belief that liberty and dignity of man shall be preserved and protected.

B- No person may be kept in custody or investigated except according to a judicial decision.

C- All forms of psychological and physical torture and inhumane treatment are prohibited. Any confession made under force, threat, or torture shall not be relied on, shall not be admissible in a court of law and the victim shall have the right to seek compensation for material and moral damages incurred in accordance with the law.

Second: The State of Jordan shall guarantee protection of the individual from intellectual, political and religious coercion and persecution.

Third: Forced labor, slavery, slave trade, trafficking in women or children, and sex trade shall be prohibited. Applicable punishments shall be established by the Legislature and carried out by the Judicial system.

 

Article 37: Inherent Freedoms

The State shall guarantee in a way that does not violate public order and morality:

A- Freedom of expression using all means available.

B- Freedom of press, printing, advertisement, media and publication.

C-Freedom of assembly and peaceful demonstration, and this shall be regulated by law.

D-Laws eliminating incitement against religions, faiths, ethnicities and disabilities may be introduced based on need.

 

Article 38: Associations

First: The freedom to form and join professional and personal associations, as well as political parties, shall be guaranteed. This shall be regulated by law in accordance with this document.

Second: It is not permissible to force any person to join any party, society, or political entity, or force him to continue his membership in it.

 

Article 39: Communication(s)

The freedom of communication and correspondence, postal, telegraphic, electronic, and telephonic, shall be guaranteed and may not be monitored, wiretapped, or disclosed except for legal and security necessity and by a judicial decision.

 

Article 40: Free Status

Jordanians are free in their commitment to their personal status according to their religions, sects, beliefs, or choices, and this, but not the religion itself, shall be regulated by law.

 

Article 41: Inherent Freedoms

Each individual shall have the freedom of thought, conscience, and personal and religious belief.

 

Article 42: Freedom of Religion

First: The followers of all religions, and sects within said religions, are free in the:

A- Practice of religious rites as long as they do not harm or threaten others.

B- Management of religious endowments, their affairs, and their religious institutions.

Second: The State shall guarantee freedom of worship and the protection of places of worship for all sects and denominations that any Jordanian citizen supports, believes or belongs to.

 

Article 43: Freedom of Movement

First: Each Jordanian has the freedom of movement, travel, and residence inside and outside Jordan, in accordance with law and public treaty.

Second: No Jordanian may be exiled, tried in absentia, displaced, or deprived from returning to the homeland.

Third: No Jordanian passport shall be revoked without a hearing before an established court.

Fourth: All those visiting or residing in Jordan have the same enumerated rights, unless curtailed by the legislature.

 

Article 44: Advancement of Jordanian People

First: The State of Jordan shall work hand in hand with the public to strengthen the role of civil society institutions, and to support, develop and preserve their independence in a way that is consistent with peaceful means to achieve their legitimate goals.

Second: The State of Jordan shall seek the advancement of the Jordanian people and shall attend to their affairs in a manner that is consistent with religion, law and public practice, while upholding noble human values in a way that contributes to the development of society. The State, in accordance with law and public practice, shall have the ability, after judicial review; prohibit traditions that are in contradiction with human rights.

 

Article 45: Restricting Rights Is Prohibited

Restricting or limiting the practice of any of the rights or liberties stipulated in this Constitution is prohibited. The final arbitrator of legality shall be the Courts, with the Supreme Court making the final decision/ruling.

 

Section Three Federal Powers – The Separation of Government

 

Article 46: Three Branches of Government

The State of Jordan’s government shall consist of three independent but equal branches of government. The three governmental branches are: The Executive, The Legislative, and The Judicial. Combined, they shall act as one government, separate but equal in importance. Overall, they shall exercise their individual areas of expertise as outlined in accordance with this document and related tasks based on the principle of “separation of powers”, making each one equal to the other, with duties unto themselves.

 

Chapter one: The State

Article 1: The State of Jordan is an internationally recognized, democratically elected State based on the alliance of the working forces of the people. The Jordanian people are part of a united Nation and are working together for the realization of its comprehensive unity.

 

Article 2: The economic foundation of The State of Jordan is that of a democratically elected governmental system. It is based on sufficiency and justice, in a manner preventing exploitation, ensuring that all have the income to live happy, safe and successful lives, narrowing the gap between incomes, protecting legitimate earnings and guaranteeing justice in the distribution of public responsibilities and expenditures.

 

Article 3: The political regime of The State of Jordan is based upon the multi-party system of government, within the framework of the basic principles and components of the Jordanian society stipulated by the Constitution. Political parties shall be organized in accordance with adopted law and public practice. To establish a political party, the legislature shall establish reasonable levels of qualifications. For the purposes of the first 2 national elections, to qualify as a party, you need 500 registered voters. A registered voter is considered anyone who is a Jordanian citizen, over the age of 18, either male or female, who has registered with the elections authority.

 

Article 4: For purposes of this act, Jordanian Nationality will be defined by law, using this document as its foundation.

 

Chapter Two

Part One: Social and Moral Constituents

 

Article 1: Social solidarity is the basis of society.

 

Article 2: The State shall guarantee equality of opportunity to all Jordanians.

 

Article 3: The State shall guarantee coordination between established family duties and work in the society. All men and women are considered equal in the political, social, cultural, educational and economic spheres.

 

Article 4: Society shall be committed to safeguarding and protecting morals, promoting the genuine Jordanian traditions and abiding by the high standards of education, morals and national values, the historical heritage of the people, scientific facts, socialist conduct and public manners within the limits of the law. The State is committed to abiding by these principles and promoting them.

 

Article 5: Work is a right, a duty and an honor ensured by The State of Jordan. Distinguished workers shall be worthy of the appreciation of the State and the society. No work shall be imposed on citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration that is established in advance.

 

Article 6: Citizens are entitled to not only hold, but visit public offices, which are assigned to those who shall occupy them in the service of people. The State guarantees the protection of public officers in the performance of their duties in safeguarding the interests of the people. They may not be dismissed by other than through the establishment of a disciplinary hearing process that is specified by the law.

 

Article 7: War veterans and those injured during wars or because of them, as well as their wives and children shall have priority in work opportunities according to the law and established public policy.

 

Part Two: Economic Constituents

Article 1: The national economy shall be organized in accordance with a comprehensive 5-year development plan that is designed to ensure economic protection while raising the national income, and expanding production and distribution that combined raises the Jordanian citizen’s standard of living, solving the unemployment problem by expanding work opportunities, connecting wages with production, and establishing a competitive minimum wage and benefits policy.

 

Article 2: The people, through their elected officials and the purchase or non-purchase of product, shall control all means of production and direct their surplus in accordance with community and industrial development plans established by the government.

 

Article 3: The Jordanian economic system is based on Capitalistic theory and principles.

 

Chapter Three: Public Freedoms, Rights & Duties

Article 1: All citizens are equal before the law. They have equal public rights and duties without discrimination due to sex, ethnic origin, language, religion, age or creed.

 

Article 2: Individual freedom is a natural right not subject to violation except in cases of flagrante delicto. No person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigations and the preservation of public security. This order shall be given by a competent judge or the public prosecution in accordance with the provisions of the law.

 

Article 3: Any citizen arrested, detained or whose freedom is restricted, shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon the person. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.

 

Article 4: Any medical or scientific experiment may not be performed on any person without his/her free consent.

 

Article 5: Homes shall have their sanctity and they may not be entered or inspected except by judicial warrant as prescribed by the law.

 

Article 6: The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls, the internet and all other means of communication shall have their own sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law.

 

Article 7: Freedom of speech shall be guaranteed. Every individual shall have the right to express their opinion and to publicize it verbally, in writing, through photography or by other means of expression available within the law. Self-criticism and constructive criticism of both the government and one’s self shall guarantee the safety of the national structure.

 

Article 8: Freedom (or Liberty) of the press, printing, publication and mass media shall be guaranteed. Censorship in newspapers shall be forbidden, as well as notifying, suspending or cancelling them by administrative methods. In a state of emergency or in time of war, a limited amount of censorship maybe imposed on the newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with the law and approval of the judicial branch.

 

Article 9: The State shall guarantee for citizens the freedom of scientific research, as well as literary, artistic and cultural creativity and provide the necessary means for encouraging their realization.

 

Article 10: Citizens shall have the right to permanent or temporary migration or emigration within the country and out. The law shall regulate this right and the measures and conditions of emigration.

 

Article 11: The right to political asylum shall be granted by The State of Jordan to every foreigner persecuted for defending the people’s interests, human rights, peace or justice. The extradition of political refugees to the requesting country shall be prohibited unless there is a compact with the country requesting the extradition. The legislature may enact provisions for exceptions in either the time of war or under threats of terrorism.

 

Article 12: Citizens shall have the right to peaceful assembly, without the need for prior notice. Public meetings, processions and gatherings shall be allowed within the limits of the law.

 

Article 13: Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law, shall be considered a crime, with a punishment established by law. The State shall grant a fair compensation to the victim of such an assault.

 

Article 14: Defense of the motherland is a sacred duty and conscription shall be in accordance with the law. This Federal Republic of Jordan considers education as a solid part of its defense arsenal in defending the motherland. As such, all Jordanians are required to become educated, and graduate from high school.

 

Article 15: Every individual shall have the right to address public authorities vocally at meetings, in writing and with his/her own signature. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person. Every legislative body, board and commission shall establish reasonable participatory laws in accordance with established rules of procedure.

 

Chapter Four: Sovereignty of the Law

Article 16: The Sovereignty of the law is the basis of civilized rule.

 

Article 1: The State shall be subject to law. The independence and immunity of the judiciary and legislature are two basic guarantees to safeguard rights and liberties.

 

Article 2: Penalty shall be personal. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them. Special laws and penalties may be enacted in the case of either war or terrorism.

 

Article 3: All defendants are innocent until they are proven guilty before a legal court. In said court, the defendant is granted the right to defend himself. Every person accused of a crime not only has the right to present evidence on their behalf, but must be provided with counsel for his defense. If the accused cannot afford an attorney, one shall be appointed for them at no charge.

 

Article 4: The right to litigation is inalienable for all, and every citizen has the right to have their case heard before a competent judge. The State of Jordan shall guarantee the accessibility of the judiciary’s organs to litigants, and the rapidity of hearings on cases. All persons accused of a crime, must be told of that crime within forty-eight hours, and must appear before a court within said time. Any provision in the law stipulating the immunity of any act or administrative decision from the control of the government shall be prohibited.

 

Article 5: The right of defense in person or by power of attorney shall be guaranteed. The law shall grant financially incapable citizens the means to resort to justice and defend their rights.

 

Article 6: Any person arrested or detained shall be informed forthwith of the reasons for his arrest or his detention. He shall have the right to communicate with whoever he sees fit and inform them of what has taken place and to ask for help in the way organized by law. He must be notified in writing within 48 hours (forty-eight hours) of all charges directed against him. Any person may lodge a complaint to the courts against any measure taken to restrict their personal freedom(s). The Law shall regulate the right of complaint in a manner ensuring a decision regarding it within a definite period or else release shall be imperative.

 

Article 7: Sentences shall be passed and executed in the name of the people, based on adopted law as established by the parliament.

 

Article I.

Section 1: Legislative Powers

All legislative powers herein granted shall be vested in a Jordanian Congress which shall consist of two houses, an upper house called the Senate and a lower house called the House of Representatives and commonly referred to as the People’s House.

 

Section 2: The People’s House

Article 1: The People’s House shall be composed of Members chosen every second year, in an even number year, by a direct vote of the People.

 

Article 2: No Person shall be a Representative who shall not have attained to the Age of 18 years, and is a citizen of The State of Jordan, and who shall, when elected, live in the state they are elected in.

 

Article 3: When vacancies happen in the Representation from any Governorate, the executive authority within said Governorate shall issue Writs of Election to fill such vacancies in accordance with established law.

 

Article 4: The People’s House shall choose a Speaker and other Officers in order for them to be able to conduct the people’s business; and shall have the sole Power of Impeachment.

 

Article 5: No member of the People’s House shall hold office for more than 5 consecutive elections.

 

Article 6: Using a parliamentary system of distribution, the People’s House shall have 401 elected officials. Each official shall represent the same number of constituents.  

 

Article 7: All Cabinet members shall be appointed by the President and approved by the Government’s Senate or Upper House. Once the cabinet is approved and sitting, the ministers maybe removed by one of the following ways: Resignation, Conviction of a Felony or two thirds vote of the Upper House. If any one of these things happens, then the president will have thirty days to replace the minister and then and present that person to the Upper House for confirmation.

 

Section 3: Senate

Article 1: The Senate of The State of Jordan shall be composed of four Senators from each Governorate, chosen by the Legislature thereof for six Years. Each Senator shall have one Vote. No Senator shall serve more than 3 (three) terms.

 

Article 2: In the first Election, they shall be divided as equally into three Classes. The Senatorial seats of the first Class shall be vacated at the expiration of the second year. The seats of the second class shall expire at the end of the fourth Year. The seats of the third Class shall expire at end of the sixth Year. This will create a situation where one third of those serving in the house may be chosen every second year. If vacancies happen by resignation, death or otherwise during the legislative recess of any Governorate, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

 

Article 3: No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine years a Citizen of The State of Jordan, and who is not an inhabitant of the Governorate for which they are chosen.

 

Article 4: The Senate shall choose their other own institutional Officers, and also a President Pro Tempore, who in the Absence of the President, shall exercise the Office of President of The State of Jordan.

 

Article 5: The Senate shall have the sole Power to try all Impeachments. When sitting for that purpose, they shall be doing so on Oath or Affirmation. When the President of The State of Jordan is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present and eligible to vote.

 

Article 6: Judgment in cases of impeachment shall not extend further than the removal of the impeached from Office, as well as their disqualification to hold and enjoy any Office of honor, Trust or Profit under The State of Jordan. The convicted Party shall also be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

 

Section 4. Elections

Article 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each Governorate by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

 

Article 2: The Congress shall assemble at least once in every year for a pre-established period of time, and such meeting(s) shall be on the first Monday in December, unless they shall by Law appoint a different Day.

 

Section 5: Judge Elections

Article 1: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such manner, and under such penalties as each House may provide.

 

Article 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. All adopted rules must be published and made available to the public.

 

Article 3: Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal.

 

Article 4: Neither House, during the Session of Congress, shall, without the consent of the other, adjourn for more than five days, nor to any other place than that in which the two Houses shall be sitting, except with the passage and enactment of law.

 

Section 6: Compensation

Article 1: Elected officials shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of The State of Jordan. They shall in all cases, except treason or other felony, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

 

Article 2: No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of The State of Jordan, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under The State of Jordan, shall be a member of either House during his continuance in office.

 

Section. 7.

Article 1: All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

 

Article 2: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of The State of Jordan. If the President approves of the measure, they shall sign it, but if not, they shall return it, with their Objections outlined and documented to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such cases, the votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered into the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Weekends and holiday’s excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

 

Article 3: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to The State of Jordan; and before the same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

 

Section 8:

Article 1: The two houses of the Jordanian Congress shall have Power to:

     lay and collect Taxes, Duties, Imposts and Excises,

     to pay the Debts and provide for the common Defense and general Welfare of The State of Jordan;

     but all Duties, Imposts and Excises shall be uniform throughout The State of Jordan;

     To borrow Money on the credit of The State of Jordan;

     To regulate Commerce with foreign Nations;

     To establish a uniform Rule of Naturalization;

     To establish Laws with respect to the creation of business entities, as well as Bankruptcies;

     To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

     To provide for the Punishment of counterfeiting the Securities and current Coin of The State of Jordan;

     To establish Post Offices and post Roads;

     To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

     To constitute Tribunals inferior to the Supreme Court;

     To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

     To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

     To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

     To provide and maintain a Navy;

     To make Rules for the Government and Regulation of the land and naval Forces;

     To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

     To provide for organizing, arming, and disciplining, a National Guard, and for governing such Part of them as may be employed in the Service of The State of Jordan, reserving to the Governorate respectively, the Appointment of the Officers, and the Authority of training the National Guard according to the discipline prescribed by Congress;

     To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular Governorate, and the Acceptance of Congress, become the Seat of the Government of The State of Jordan, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the Governorate in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings; –And

     To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of The State of Jordan, or in any Department or Officer thereof.

 

Section 9:

·         The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or invasion the public safety may require it.

·         No Bill of Attainder or ex post facto Law shall be passed.

·         No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

·         No Tax or Duty shall be laid on Articles exported from any Governorate.

·         No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Governorate over those of another; nor shall Vessels bound to, or from, one Governorate, be obliged to enter, clear, or pay Duties in another.

·         No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

·         No Title of Nobility shall be granted by The State of Jordan: and no person holding any office of profit or trust under them, shall, without the consent of the legislature, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign Governorate.

 

Section. 10.

Article 1: No Governorate shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make anything but gold and silver Coin a Tender in payment of debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

 

Article 2: No Governorate shall, without the Consent of the Congress, lay any taxes or duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any Governorate on Imports or Exports, shall be for the Use of the Treasury of The State of Jordan; and all such Laws shall be subject to the Revision and Control of the Congress.

 

Article 3: No Governorate shall, without the consent of the legislature, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another Governorate, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

 

Article. II.

Section. 1.

Article 1: The executive Power shall be vested in a President of The State of Jordan. He shall hold his office for no more than 3 (three) consecutive terms, each lasting four years, as follows:

 

Each Governorate shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the Governorate may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under The State of Jordan, shall be appointed an Elector.

 

Article 2: The Electors shall meet in their respective Governorates, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the Seat of the Government of The State of Jordan, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person has a majority, then from the five highest on the list the said House shall in like manner chose the President. But in choosing the President, the votes shall be taken by Governorate, the Representation from each Governorate having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the Governorates, and a majority of all the Governorates shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of Votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by secret ballot the Vice President.

 

Article 3: The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout The State of Jordan.

 

Article 4: No person except a natural born citizen, or a citizen of The State of Jordan, shall be eligible to hold the Office of President. Neither shall any person be eligible to that office who shall not have attained to the age of thirty-five Years.

 

Article 5: In case of the removal of the President from Office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Prime Minister, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

 

Article 6: The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from The State of Jordan, or any of them.

 

Article 7: Before he enters on the execution of his Office, he shall take the following Oath or Affirmation: – “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of The State of Jordan, and will to the best of my ability, preserve, protect and defend the Constitution of The State of Jordan.”

 

Section. 2.

Article 1: The President shall be Commander in Chief of the Army, National Guard, Special Forces Air Force and Navy of The State of Jordan, as well as the National Guard of the Governorates, when called into the actual Service of The State of Jordan; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against The State of Jordan, except in cases of Impeachment.

 

Article 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of The State of Jordan, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. 

 

Article 3: The President shall have power to fill all vacancies that may happen during the recess of the Congress, by granting commissions which shall expire at the end of their next session.

 

Section. 3.

Article 1: The President shall yearly on the first Tuesday of every February, give to the Congress Information on the State of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take care that the Laws be faithfully executed, and shall commission all the Officers of The State of Jordan.

 

Section. 4.

Article 1: The President and all civil officers of The State of Jordan, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

 

Article III.

Section. 1.

Article 1: The judicial power of The State of Jordan shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in Office.

 

Section. 2.

Article 1: The judicial power shall extend to all cases, in Law and Equity, arising under this Constitution, the laws of The State of Jordan, and Treaties made, or which shall be made, under their authority;

       to all cases affecting Ambassadors, other public Ministers and Consuls;

       to all Cases of admiralty and maritime Jurisdiction;

       to Controversies to which The State of Jordan shall be a Party;

       to Controversies between two or more States;

       between a State and Citizens of another State,

       between Citizens of different States;

       between Citizens of the same State claiming Lands under Grants of different States, and

       between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

 

Article 2: In all vases affecting Ambassadors, other public Ministers and Consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such exceptions, and under such regulations as the Congress shall make.

 

Article 3: The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by Law have directed.

 

Section. 3.

Article 1: Treason against The State of Jordan shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort or inciting or supporting terrorism. No Person shall be convicted of treason unless on the Testimony of two witnesses to the same overt act, or on confession in open court.

 

Article 2: The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attained.

 

Article. IV.

Section. 1.

Article 1: Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

 

Section. 2.

Article 1: Each state’s citizens shall be entitled to all Privileges and Immunities of citizens in the several States.

 

Article 2: A person charged in any state with Treason, Felony, or other Crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

 

Article 3: No person held to service or labor in one State, under the Laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

 

Section. 3.

Article 1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

 

Article 2: The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to The State of Jordan; and nothing in this Constitution shall be so construed as to prejudice any claims of The State of Jordan, or of any particular state.

 

Section. 4.

Article 1: The State of Jordan shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.

 

Article. V.

Article 1: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress and that no State shall be deprived of its equal Suffrage in the Senate.

 

Article. VI.

Article 1: All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against The State of Jordan under this Constitution. This Constitution, and the laws of The State of Jordan which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the authority of The State of Jordan, shall be the supreme Law of the Land; and the Judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the Contrary notwithstanding.

 

Article 2: The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of The State of Jordan and of the several states, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under The State of Jordan.

 

Article. VII Elections:

Section 1: All recognized citizens of Jordan, male or female over the age of 18 are entitled to vote in national and state elections.

 

Section 2: No one shall be denied the right to vote because of race, religion, sex or creed as long as the voter registers in advance, is over 18 and is a citizen of the Country of Jordan.  

 

Section 3: Anyone convicted of a felony as outlined under this constitution shall be ineligible to vote or run for any government position even though they are a citizen of the Country of Jordan.  

 

Article 94:

Section 1: Decisions of the Federal Supreme Court are final and binding for all authorities.

 

Third: General Provisions

Article 95:

Section 1: The establishment of special or extraordinary courts is prohibited.

 

Article 96:

Section 1: The law shall regulate the establishment of courts, their types, levels, and jurisdiction, and the method of appointing and the terms of service of judges and public prosecutors, their discipline, and their retirement.

 

Article 97:

Section 1: Judges may not be removed except in cases specified by law. Such law will determine the particular provisions related to them and shall regulate their disciplinary measures.

 

Article 98:

Section 1: A judge or public prosecutor is prohibited from the following:

First: Combining a judicial position with legislative and executive positions and any other employment;

Second: Joining any party or political organization or performing any political activity;

Third: From receiving any financial remuneration from either a plaintiff or defendant for any official actions that is directly related to the adjudication of their case.

 

Article 99:

Section 1: A law shall regulate the military judiciary and shall specify the jurisdiction of military courts, which are limited to crimes of a military nature committed by members of the armed forces and security forces, and within the limits established by law.

 

Article 100:

Section 1: It is prohibited to stipulate in the law the immunity from appeal for any administrative action or decision.

 

Article 101:

Section 1: A State Council may be established, specialized in functions of the administrative judiciary, issuing opinions, drafting, and representing the State and various public commissions before the courts except those exempted by law.

 

Chapter Four [Independent Commissions]

Article 102:

Section 1: The High Commission for Human Rights, the Independent Electoral Commission, and the Commission on Public Integrity are considered independent commissions subject to monitoring, and their functions shall be regulated by law.

 

Article 103:

Section 1:

First: Upon establishment, The Central Bank of Jordan, the Board of Supreme Audit, the Communication and Media Commission, and the Endowment Commissions are financially and administratively independent institutions, and the work of each of these institutions shall be regulated by law.

Second: It is the duty of the President to appoint a chairman to the Central Bank of Jordan. The Chairman is responsible before the Council of Representatives. The Board of Supreme Audit and the Communication and Media Commission shall be attached to the Council of Representatives.

Third: The Endowment Commissions shall be attached to the Council of Ministers.

 

Article 104:

Section 1: A public commission shall be established to guarantee the rights of the regions and governorates that are not organized in a region to ensure their fair participation in managing the various state federal institutions, missions, fellowships, delegations, and regional and international conferences. The commission shall be comprised of representatives of the federal government and representatives of the regions and governorates that are not organized in a region, and shall be regulated by a law.

 

Article 105:

Section 1: A public commission shall be established by a law to audit and appropriate federal revenues in accordance with legislative direction. The commission shall be comprised of experts from the federal government, the regions, the governorates, and its representatives, and shall assume the following responsibilities:

First: To verify the fair distribution of grants, aid, and international loans pursuant to the entitlement of the regions and governorates that are not organized in a region;

Second: To verify the ideal use and division of the federal financial resources;

Third: To guarantee transparency and justice in appropriating funds to the governments of the regions and governorates that are not organized in a region in accordance with the established percentages.

 

Article 106:

Section 1: A council named the Federal Public Service Council shall be established and shall regulate the affairs of the federal public service, including appointments and promotions, and its formation and competencies shall be regulated by law.

 

Article 107:

Section 1: Other independent commissions may be established by law, according to need and necessity.

 

Section Four Powers of the Federal Government

Article 108:

Section 1: The federal authorities shall preserve the unity, integrity, independence, and sovereignty of Jordan and its federal democratic system.

 

Article 109:

Section 1: The federal government shall have exclusive authorities in the following matters:

First: Formulating foreign policy and diplomatic representation; negotiating, signing, and ratifying international treaties and agreements; negotiating, signing, and ratifying debt policies and formulating foreign sovereign economic and trade policy;

Second: Formulating and executing national security policy, including establishing and managing armed forces to secure the protection and guarantee the security of Jordan’s borders and to defend Jordan;

Third: Formulating fiscal and customs policy; issuing currency; regulating commercial policy across regional and governorate boundaries in Jordan; drawing up the national budget of the State; formulating monetary policy; and establishing and administering a central bank;

Fourth: Regulating standards, weights, and measures;

Fifth: Regulating issues of citizenship, naturalization, residency, and the right to apply for political asylum;

Sixth: Regulating the policies of broadcast frequencies and mail;

Seventh: Drawing up the general and investment budget bill;

Eighth: Planning policies relating to water sources from outside Jordan and guaranteeing the rate of water flow and distribution inside Jordan in accordance with international laws and conventions;

Ninth: General population statistics and census.

 

Article 110:

Section 1: All Oil, gas and all energy resources found or created within the country are owned by all the people of Jordan in all the regions and governorates. As such, all Jordanians shall profit from the use or sale of said resources, based on legislative decree and decision.

 

Article 111:

Section 1:

First: The federal government, with the producing governorates and regional governments, shall undertake the management of oil and gas extracted from present fields, provided that it distributes its revenues in a fair manner in proportion to the population distribution in all parts of the country, specifying an allotment for a specified period for the damaged regions which were unjustly deprived of them by the former regime, and the regions that were damaged afterwards in a way that ensures balanced development in different areas of the country, and this shall be regulated by a law.

Second: The federal government, with the producing regional and governorate governments, shall together formulate the necessary strategic policies to develop the oil and gas wealth in a way that achieves the highest benefit to the Jordanian people using the most advanced techniques of the market principles and encouraging investment.

 

Article 112:

Section 1:

The following competencies shall be shared between the federal authorities and regional authorities:

First: To manage customs, in coordination with the governments of the regions and governorates that are not organized in a region, and this shall be regulated by a law.

Second: To regulate the main sources of electric energy and its distribution.

Third: To formulate environmental and global warming policies that are specifically designed to ensure the protection of the environment from pollution and to preserve its cleanliness, in cooperation with the regions and governorates that are not organized in a region;

Fourth: To formulate development and general planning policies;

Fifth: To formulate public health policy, in cooperation with the regions and governorates that are not organized in a region;

Sixth: To formulate the public educational and instructional policy, in consultation with the regions and governorates that are not organized in a region;

Seventh: To formulate and regulate the internal water resources policy in a way that guarantees their just distribution and this shall be regulated by a law.

 

Article 113:

Section 1:

All powers not stipulated in the exclusive powers of the federal government belong to the authorities of the regions and governorates that are not organized in a region. With regard to other powers shared between the federal government and the regional government, priority shall be given to the law of the regions and governorates not organized in a region in case of dispute.

 

Section Five – Powers of the Regions

Chapter One – Regions

Article 114:

Section 1: The federal system in the Republic of Jordan is made up of a centralized capital and 12 (twelve) as governorates, as well as local administrations that are established as needed.

 

Article 115:

Section 1:

First: This Constitution, upon coming into force, shall recognize that Jordan is a Federal Republic.

Second: This Constitution shall affirm the current governorates, and any that may be created or added in accordance with this Constitution’s provisions.

 

Article 116:

Section 1:

One or more governorates shall have the right to request that they be organize into a region based on a vote of the people in one of two fashions: 

First: A request by one-third of the council members of each governorate intending to form a region.

Second: A request by one-tenth of the voters in each of the governorates intending to form a region.

 

Article 117:

Section 1:

Each region shall adopt a Constitution of its own, modeled in accordance with this Constitution, that defines the structure of powers of the region, its authorities and the mechanisms for exercising such authorities, provided that it does not contradict this Constitution.

 

Article 118:

Section 1:

First: The regional powers shall have the right to exercise executive, legislative, and judicial powers in accordance with this Constitution, except for those authorities stipulated in the exclusive authorities of the federal government;

Second: In case of a contradiction or conflict between regional and national legislation in respect to a matter outside the exclusive authorities of the federal government, the regional power shall have the right to amend the application of the national legislation within that region;

Third: Regions and governorates shall be allocated an equitable share of the national revenues sufficient to discharge their responsibilities and duties, but having regard to their resources, needs, and the percentage of their population;

Fourth: Offices for the regions and governorates shall be established in embassies and diplomatic missions, in order to follow cultural, social, and developmental affairs;

Fifth: The regional government shall be responsible for all the administrative requirements of the region, particularly the establishment and organization of the internal security forces for the region such as police, security forces, and guards of the region.

 

Chapter Two [Governorates that are not incorporated in a region]

Article 119:

Section 1:

First: The governorates shall be made up of a number of districts, sub-districts, and villages;

Second: Governorates that are not incorporated in a region shall be granted broad administrative and financial authorities to enable them to manage their affairs in accordance with the principle of decentralized administration, and this shall be regulated by law;

Third: The governor, who is elected by the Governorate Council, is deemed the highest executive official in the governorate to practice his powers authorized by the Council;

Fourth: A law shall regulate the election of the Governorate Council, the governor, and their powers;

Fifth: The Governorate Council shall not be subject to the control or supervision of any ministry or any institution not linked to a ministry. The Governorate Council shall have independent finances.

(COMMENT WE NEED TO CHANGE THE NAMES OF THE POSITIONS OF GOVERNOR, WE COULD USE A DIFFERENT NAME END COMMENT-please come up with an Arabic name).

 

Article 120:

Section 1: Powers exercised by the federal government can be delegated to the governorates or vice versa, with the consent of both governments, and this shall be regulated by law.

 

Chapter Three [The Capital]

Article 121:

Section 1:

First: Amman and its municipal borders is the capital of the Republic of Jordan and shall constitute, in its administrative borders, the governorate of Amman.

Second: This shall be regulated by a law.

Third: The capital may not merge with a region.

 

Chapter Four [The Local Administrations]

Article 122:

This Constitution shall guarantee the administrative, political, cultural, and educational rights of the various nationalities that make up Jordan and this shall be regulated by law.

 

Section Six Final and Transitional Provisions

Chapter One [Final Provisions]

 

Article 123:

Section 1:

First: The President of the Republic and the Council of the Ministers collectively, or one-fifth of the Council of Representatives members, may propose to amend the Constitution. Any changes must be adopted by a simple majority vote of the people;

Second: The fundamental principles mentioned and the rights and liberties mentioned in this Constitution may not be amended except after two successive electoral terms, with the approval of two-thirds of the members of the Council of Representatives, the approval of a simple majority of the people in a general referendum, and the ratification by the President of the Republic within 30 (thirty) days;

Third: Other articles not stipulated in clause “Second” of this Article may not be amended, except with the approval of two-thirds of the members of the Council of Representatives, the approval of the people in a general referendum, and the ratification by the President of the Republic within seven days;

Fourth: Articles of the Constitution may not be amended if such amendment takes away from the powers of the regions that are not within the exclusive powers of the federal authorities, except by the approval of the legislative authority of the concerned region and the approval of the majority of its citizens in a general referendum;

Fifth:

A- An amendment is considered ratified by the President of the Republic after the expiration of the period stipulated in clauses “Second” and “Third” of this Article, in case he does not ratify it.

B- An amendment shall enter into force on the date of its publication in the Official Gazette.

 

Article 124:

Section 1: The President of the Republic, the Prime Minister, members of the Council of Ministers, the Speaker of the Council of Representatives , his two Deputies, members of the Council of Representatives, members of the Judicial Authority, and people of special grades may not use their influence to buy or rent any state properties, to rent or sell any of their assets to the state, to sue the state for these assets, or to conclude a contract with the state under the pretense of being building contractors, suppliers, or concessionaires.

 

Article 125:

Section 1: The laws and judicial judgments shall be issued in the name of the people.

 

Article 126:

Section 1: Laws shall be published in the Official Congressional History and shall take effect on the first day of the new year, unless specifically stated in the body of the legislation or stipulated otherwise.

 

Article 127:

Section 1: Existing laws shall remain in force, unless annulled or amended in accordance with the provisions of this Constitution.

 

Article 128:

Section 1: Every referendum mentioned in this Constitution is deemed successful with the approval of the majority of the voters unless otherwise stipulated.

 

Chapter Two [Transitional Provisions]

Article 129:

Section 1:

First: The State shall guarantee care for the families of all Jordanian citizens, including but not limited to peaceful and non-violent activists killed in the effort to bring freedom to the country, political prisoners, and victims of the oppressive practices of the previous regime.

Second:  A law shall regulate matters mentioned in clauses “First” and “Second” of this Article.

 

Article 130:

Section 1:

First: The Counter-Corruption Commission (CCC) is to be formed by the President as an independent commission in coordination with the judicial authority and the executive institutions in accordance with the law. The Counter-Corruption Commission’s function is to help end corruption inherited from the previous regime and eliminate any remaining or arising potential for corruption in the new Jordanian state. As an independent commission, The CCC will have the right to investigate, search and arrest suspects based on legible legal grounds and to prosecute and confiscate property of corrupt in accordance with both law and judicial decree.  The CCC will also be tasked of restoring property right to anyone whose property was wrongly taken or misappropriated by the previous government, or that the owners are compensated in accord to the current value of the property in question.

Second: The Council of Representatives shall have the right to dissolve The CCC by a two-thirds majority vote of its members, upon completion of its mission.

 

Article 133:

Section 1: The Prime Minister shall have two deputies in the first electoral term.

 

Article 134:

Section 1: This Constitution shall come into force once it is approved by the people of Jordan, and shall be the responsibility of the government to uphold and protect.