We, Talal the First, King of the Hashemite Kingdom of Jordan, in accordance with Article 25 of the Constitution, and in pursuance of the decision of the Senate and the House of Representatives, hereby approve the following amended Constitution and decree its promulgation.
The Hashemite Kingdom of Jordan is an independent sovereign Arab State. It is indivisible and no part of it may be ceded. The Jordanian people is a part of the Arab Nation, and its ruling regime is parliamentary with a hereditary monarchy.
Islam is the religion of the State and Arabic is its official language.
The City of Amman is the capital of the Kingdom, and it may be transferred to another place by a special law.
The Jordanian flag shall be of the following form and measurements:
Its length shall be twice its width. It shall be divided horizontally into three parallel equal stripes, the uppermost of which shall be black; the center, white; and the lowest, green. At the end of the flag-staff, it shall have a red triangle, the base of which shall be equal to its width, and its height shall be equal to half of its length. In this triangle there shall be a white seven-pointed star of such an area that may absorbed in a circle the diameter of which shall be one-fourteenth of its length; and shall be so placed that its middle shall be at the intersection of the lines bisecting the angles of the triangle, and the axis running through one of its points shall be parallel to the base of the triangle.
Jordanian nationality shall be defined by law.
Jordanians shall be equal before the law with no discrimination between them in rights and duties even if they differ in race, language or religion.
Dwelling houses shall be inviolable and may not be entered except in the circumstances prescribed by law, and in the manner provided for therein.
No property of any person shall be expropriated except for public utility and in consideration of a just compensation as shall be prescribed by law.
Compulsory loans shall not be imposed and property, movable or immovable, shall not be confiscated except in accordance with the law.
Compulsory labour shall not be imposed on any person, but pursuant to law, work or service may be imposed on any person:
The State shall safeguard the free exercise of the rites of religions and creeds in accordance with the customs observed in the Kingdom, if such is not inconsistent with public order or morality.
Jordanians shall have the right to hold meetings within the limits of the law.
Jordanians shall have the right to address the public authorities on personal matters affecting them, or on what is relative to public affairs in the manner and conditions prescribed by law.
All postal and telegraphic correspondence, telephonic communications, and the other communications means shall be regarded as secret and shall not be subject to censorship, viewing, suspension or confiscation except by a judicial order in accordance with the provisions of the law.
Congregations shall have the right to establish and maintain their own schools for the education of their own members provided that they comply with the general provisions of the law and be subject to the Government control in their curricula and orientation.
Basic education shall be compulsory for Jordanians and free of charge in Government schools.
Political refugees shall not be extradited on account of their political principles or their defence of freedom.
Every Jordanian shall be entitled to hold public offices under the conditions prescribed in law or regulations.
Work is the right of all citizens, and the State shall avail it to Jordanians by directing and improving the national economy.
The Nation is the source of powers.
The Legislative Power shall be vested in the Parliament and the King. The Parliament shall consist of the Senate and the House of Representatives.
The Executive Power shall be vested in the King, and he shall exercise it through his Ministers in accordance with the provisions of this Constitution.
The Judicial Power shall be independent and exercised by the courts in their different types and levels. All judgments shall be issued in accordance with the law in the name of the King.
The Throne of the Hashemite Kingdom of Jordan is hereditary to the dynasty of King Abdullah Bin Al-Hussein in a direct line through the male heirs pursuant to the following provisions:
Such exclusion shall not include the descendants of such person. Such Decree shall be countersigned by the Prime Minister and four Ministers at least, of whom shall be the Ministers of Interior and of Justice.
The King shall upon his succession to the Throne take an oath before the Parliament, which shall convene under the chairmanship of the Speaker of the Senate, to uphold the Constitution and be loyal to the Nation.
The King is the Head of the State and is immune from every liability and responsibility.
The King shall ratify the laws, promulgate them and order the enactment of the regulations necessary for their implementation, provided that they shall not contain whatever violates the provisions thereof.
The King is the Supreme Commander of the Land, Naval and Air Forces.
The King declares war, makes peace and concludes treaties and agreements.
The King issues orders for the holding of elections to the House of Representatives in accordance with the provisions of the law.
The King appoints the Prime Minister, dismisses him and accepts his resignation, and appoints the Ministers, dismisses them and accepts their resignation upon the recommendation of the Prime Minister.
The King appoints the members of the Senate and appoints the Speaker of the Senate from amongst them and accepts their resignation.
The King creates, confers and withdraws civil and military ranks, medals and the other honorific titles. He may delegate this authority to another person by a special law.
The King has the right to the special pardon and to remit the sentence, but the general pardon shall be determined by a special law.
No death sentence shall be executed except after ratification by the King, and every such sentence shall be placed before him by the Council of Ministers accompanied by its opinion thereon.
The King shall exercise his powers by a Royal Decree, and the Royal Decree shall be signed by the Prime Minister and the Minister or Ministers concerned. The King shall express his concurrence by placing his signature above the said signatures.
The Council of Ministers shall consist of the Prime Minister, as Head, and of a number of ministers pursuant to the need and public interest.
No person shall hold the position of Minister and the like except a Jordanian who does not hold the nationality of another state.
The Prime Minister and Ministers shall, before assuming their functions, take the following oath before the King:
"I swear by Almighty God to be loyal to the King, uphold the Constitution, serve the Nation and conscientiously perform the duties entrusted to me".
The Minister may not purchase or lease any Government property even if this is in public auction. He may not, during his ministerial office, be a member of the board of directors of any company, take part in any commercial or financial business or receive a salary from any company.
The Council of Ministers shall undertake the responsibility of administering all affairs of the State, internal and external, with the exception of those affairs that were or may be entrusted in accordance with this Constitution or any law to any other person or body.
The Minister may be entrusted with the functions of one or more Ministries, as stated in the decree of appointment.
The Minister shall be responsible for the administering of all the affairs pertaining to his Ministry and shall refer to the Prime Minister any matter not falling within his competence.
The Prime Minister and Ministers shall sign the decisions of the Council of Ministers, and these decisions shall be submitted to the King for their ratification in the cases required under this Constitution or any law or regulation enacted thereunder. These decisions shall be implemented by the Prime Minister and Ministers, each within his competence.
The verbal or written orders of the King shall not release the Ministers from their responsibility.
In the event of the resignation, dismissal or death of the Prime Minister, all Ministers shall be considered as having necessarily resigned.
The Prime Minister and Ministers shall be jointly responsible before the House of Representatives for the public policy of the State; and each Minister shall as well be responsible before the House of Representatives for the functions of his Ministry.
The Prime Minister or the Minister who is a member of either the Senate or the House of Representatives shall be entitled to vote in his House and to speak in both Houses. However, the Ministers who are not of the members of either House may speak in both of them without having the right to vote. The Ministers or their deputies shall have the right of priority to the other members to address both Houses. The Minister who receives the Ministry salary shall not receive, at the same time, the allocations of the membership in either House.
The session for the vote of no confidence in the Council of Ministers or in any Minister shall be held either at the request of the Prime Minister or at a request signed by a number of not less than ten members of the House of Representatives.
The motion of no confidence in the Council of Ministers or in one of the Ministers may be raised before the House of Representatives.
Ministers shall be tried for crimes attributed to them resulting from the performance of their functions before the competent civil courts in the Capital, in accordance with the provisions of the law.
The House of Representatives shall have the right to refer the Ministers to the Attorney General along with stating the justifying reasons. The decision of referral shall not be issued except by the majority of the members of whom the House of Representatives is composed.
The Minister who shall be accused by the Attorney General upon the issuance of the decision of referral by the House of Representatives shall be suspended from office; his resignation shall not prevent the institution of proceedings against him nor the continuation of his trial.
A Constitutional Court shall be established - by a law - the headquarters of which shall be in the Capital; shall be considered as an independent and separate judicial body; and shall be composed of nine members at least inclusive of the President, to be appointed by the King.
The following entities - for limitation - shall the right to directly challenge at the Constitutional Court the constitutionality of the applicable laws and regulations:
"I swear by Almighty God to be loyal to the King and the country, to uphold the Constitution, to serve the Nation, and to honestly perform the duties entrusted to me".
The Parliament shall consist of two Houses: The Senate and the House of Representatives.
The Senate, including the Speaker, shall consist of a number not exceeding one-half of the number of the House of Representatives.
In addition to the conditions prescribed in Article (75) of this Constitution, a member of the Senate must have completed forty calendar years of his age and be one of the following classes: present and former prime ministers and ministers; persons who had previously held the offices of ambassadors, ministers plenipotentiary, speakers of the House of Representatives, presidents and judges of the Court of Cassation and of the Civil and Sharia Courts of Appeal; retired military officers of the rank of Lt. General and above; former representatives who were elected at least twice as representatives; and the other similar personalities who enjoy the confidence of the people in view of their work and services to the Nation and the country.
The Senate shall meet simultaneously with the House of Representatives and the sessions shall be the same for both Houses.
The House of Representatives shall be composed of members elected by general, secret and direct election in accordance with an election law which shall ensure the following matters and principles :
The term of the House of Representatives shall be four calendar years commencing from the date of the announcement of the results of the general election in the Official Gazette. The King may, by a Royal Decree, prolong the term of the House for a period of not less than one year and not more than two years.
The House of Representatives shall at the beginning of every ordinary session elect its Speaker for a period of a calendar year, and he may be re-elected.
In addition to the conditions prescribed in Article (75) of this Constitution, a member of the House of Representatives must have completed thirty calendar years of his age.
The Judiciary shall have the competence to determine the validity of the election of the members of the House of Representatives. Every voter from the constituency shall have the right to file a petition to the Court of Appeal which has jurisdiction over the constituency of the representative the validity of whose election is contested from his constituency within fifteen days from the date of the publication of the elections results in the Official Gazette indicating therein the reasons of his petition; its decisions shall be final and not subject to any way of challenge; its judgments shall be issued within thirty days from the date of the registration of the petition thereat.
Any member of the House of Representatives may resign his seat by addressing the Speaker of the House in writing, and the Speaker shall place the resignation before the House to decide to accept it or reject it.
If the House of Representatives is dissolved, a general election should be held so that the new House shall convene in a non-ordinary session not later than a maximum of four months after the date of dissolution. Such session shall be deemed as the ordinary session in accordance with the provisions of Article (78) of this Constitution and shall be subject to the conditions of prolongation and adjournment.
If the House of Representatives is dissolved for any reason, the new House may not be dissolved for the same reason.
Subject to the provisions of Article (52) of this Constitution, combination may not take place between the membership of the Senate or the House of Representatives and public offices. Public offices mean every office whose holder receives his salary from public funds; this includes municipal departments. No combination may as well take place between the membership of the Senate and the House of Representatives.
Subject to the provision in this Constitution relating to the dissolution of the House of Representatives, the Parliament shall hold one ordinary session during each year of its term.
The King shall summon the Parliament to convene in its ordinary session on the first day of the month of October of each year, and if the said day is an official holiday, on the first following day which is not an official holiday; however the King may, by a Royal Decree published in the Official Gazette, postpone the meeting of the Parliament to a date to be fixed in the Royal Decree, provided that the period of postponement shall not exceed two months.
The King shall inaugurate the ordinary session of the Parliament by delivering the Speech from the Throne in the joint meeting of both Houses. He may deputize the Prime Minister or one of the Ministers to perform the inauguration ceremony and deliver the Speech from the Throne. Each of the two Houses shall submit a petition in which it shall include its reply thereto.
Every member of the Senate and the House of Representatives shall, before starting his work, take an oath before his House in the following provision:
"I swear by Almighty God to be loyal to the King and to the country, uphold the Constitution, serve the Nation, and duly perform the duties entrusted to me."
The King may, by a Royal Decree, adjourn the sessions of the Parliament for only three times; and for two times only if the meeting of the Parliament was postponed under Paragraph (1) of Article (78), provided that during any one ordinary session the periods of adjournments may not exceed two months, including the period of postponement. The periods of such adjournments shall not be taken into account in computing the term of the session.
The King may whenever necessary summon the Parliament to meet in extraordinary sessions for an unspecified period for every session for the purpose of deciding certain matters to be specified in the Royal Decree when the summons are issued. The extraordinary session shall be prorogued by a Decree.
Each of the two Houses shall make its by-laws for the control and organisation of its proceedings; and such by-laws shall be submitted to the King for ratification.
No meeting of either of the two Houses shall be considered duly constituted unless attended by the absolute majority of the members of the House, and shall continue to be duly constituted as long as this majority is present therein.
The sittings of each of the two Houses shall be open. Secret meetings may, however, be convened at the request of the Government or the request of five of the members. The House shall then decide to accept or reject the said request.
No member of the Senate and the House of Representatives shall be detained or tried during the currency of the sitting of the Parliament unless the House to which he belongs issues a decision by the absolute majority that there is sufficient reason for his detention or trial or unless he was arrested flagrant delicto. In the event of his arrest in this manner, the House should be notified immediately.
Every member of the Senate and the House of Representatives shall have complete freedom of speech and expression of opinion within the limits of the by-laws of the House to which he belongs; and the member may not be answerable because of any voting or opinion he expresses or speech he makes during the sittings of the House.
If the seat of a member of the Senate and the House of Representatives becomes vacant by death, resignation or any other reasons with the exception of whoever a judicial decision was issued in his regards invalidating his membership, the relevant House shall notify the Government or the Independent Election Commission - if he is a representative - within thirty days from the vacancy of the seat of the member; and his seat shall be filled by appointment if he is a Senator or in accordance with the provisions of the Election Law if he is a representative within a period of two months from the date of the notification by the House of the vacancy of the seat; and the membership of the new member shall last to the end of the term of the House.
In addition to the circumstances in which the Senate and the House of Representatives hold meetings pursuant to Articles (29), (34), (79) and (92) of this Constitution, they shall jointly meet at the request of the Prime Minister.
No one may be terminated from the membership of either the Senate and the House of Representatives except by a resolution issued by the House to which he belongs; provided that, in other than the cases of non-combination and of disqualification prescribed in this Constitution and in the Elections Law, the resolution of termination shall be issued by a two-thirds majority of the members composing the House. If the termination concerns a member of the Senate, the resolution of the House shall be submitted to the King for ratification.
The Prime Minister shall refer the draft of every law to the House of Representatives which shall have the right to accept, amend, or reject the draft; in all cases the draft shall be referred to the Senate. No law may be promulgated unless passed by both Houses and ratified by the King.
If either House twice rejects the draft of any law and the other House accepts it, amended or not amended, both Houses shall meet in a joint sitting presided over by the Speaker of the Senate to discuss the articles in dispute. Acceptance of the draft shall be conditional upon the issuance of the resolution of the joint House by a two-thirds majority of the members present. When the draft is rejected in the manner described above, it shall not be placed again before the House in the same session.
Every draft law passed by the Senate and the House of Representatives shall be submitted to the King for its ratification.
The provisional laws - which should not violate the provisions of the Constitution - shall have the force of law, provided they are placed before the Parliament in the first sitting it holds. The Parliament shall take decisions in their regards during two consecutive ordinary sessions from the date of their referral. It may approve, amend or reject such laws. If it rejects them or the period provided for in this Paragraph elapses without decisions, the Council of Ministers should - with the approval of the King - declare their nullity immediately; and from the date of such declaration the force of law they had shall cease provided that this shall not affect contracts or acquired rights.
Ten or more members of either the Senate and the House of Representatives may propose laws. Every proposal shall be referred to the concerned committee in the House for opinion. If the House contends to accept the proposal, it shall refer it to the Government for putting it in the form of draft law, and to submit it to the House in the same session or in the session that follows.
Every member of the Senate and the House of Representatives may address questions and interpellations to the Ministers concerning any of the public matters, in accordance with what is provided for in the by-laws of the House to which that member belongs. No interpellation shall be debated before the lapse of eight days from its receipt by the Minister, unless the case is urgent and the Minister agrees to shorten said period.
Judges are independent, and they are not subject to any authority, in their jurisdiction, other than that of the law.
Judges of the Civil and Sharia Courts shall be appointed and dismissed by a Royal Decree in accordance with the provisions of the laws.
The courts are of three types:
The types of all courts, their levels, divisions, jurisdictions and the manner of their administration shall be specified by a special law, provided that such law shall provide for the establishment of an Administrative Jurisdiction in two levels.
The courts shall be open to all and shall be immune from interference in their affairs.
Civil Courts in the Hashemite Kingdom of Jordan shall have the right to exercise jurisdiction over all persons in all civil and criminal matters, including cases filed by the Government or filed against it, with exception of the matters in respect of which jurisdiction is vested in Religious Courts or Special Courts in accordance with the provisions of this Constitution or any other legislation in force.
Civil Courts shall exercise their competences in respect of civil and criminal jurisprudence in accordance with the provisions of the laws in force in the Kingdom; however, in matters of personal status of foreigners or in civil and commercial matters which it is habitual in international tradition to apply the law of other countries in their regard, such law shall be applied in the manner provided for by the law.
Religious Courts shall be divided into:
The Sharia Courts alone shall have the jurisdiction - in accordance with their own laws - in the following matters:
Sharia Courts shall in their jurisdiction apply the provisions of the Sharia.
The manner of organisation of the affairs of the Islamic (Waqfs) and the administration of their financial and other matters, shall be specified by a special law.
The Tribunals of Religious Communities are the tribunals of the non-Moslem religious communities that have been or will be recognised by the Government as established in the Hashemite Kingdom of Jordan.
The Tribunals of Religious Communities shall be composed in conformity with the provisions of laws issued pertaining thereto. In such laws the jurisdictions of said Tribunals shall be defined as regards matters of personal status and (Waqfs) constituted for the benefit of the community concerned. However, matters of personal status of such community shall be the matters of personal status of Moslems within the jurisdiction of the Sharia Courts.
Special Courts shall exercise their jurisdiction in accordance with the provisions of the laws relevant thereto.
No tax or duty shall be imposed except by law; and they shall not include the kinds of fees which the Treasury charges for the services rendered by Government departments to individuals or in consideration of benefits accruing to them from the State domain. In imposing taxes, the Government shall apply the principle of progressive taxation, along with the attainment of equality and social justice; and provided that such shall not exceed the capacity of tax-payers and the State's need for funds.
The General Budget draft law and the Governmental Units Budgets draft law shall be submitted to the Parliament at least one month before the beginning of the fiscal year for their consideration in accordance with the provisions of the Constitution. The same provisions related to the Budget in this Constitution shall apply to them. The Government shall submit the final accounts by the end of six months from the end of the previous fiscal year.
If it is not possible to enact the General Budget Law prior to the beginning of the new fiscal year, expenditure shall continue by monthly appropriations at the rate of 1/12 for each month of the previous year's budget.
The Council of Ministers may, with the approval of the King, establish regulations for the control of the appropriation and expenditure of the public funds and the organisation of Government stores.
All receipts from taxes and other State's revenues should be paid into the Treasury and shall be included in the State budget unless otherwise provided by law. No part of the funds of the Treasury shall be appropriated and expended for any purpose whatsoever except by a law.
The Civil List of the King shall be paid from the general revenue and shall be specified in the General Budget Law.
Every concession given for granting any right related to the exploitation of mines, minerals or public utilities should be sanctioned by a law.
No person shall be exempt from the payment of taxes and duties in other than the circumstances prescribed by the law.
An Audit Bureau shall be set up by a law for controlling the State's revenue, expenses and the ways of their expenditure:
The administrative divisions of the Hashemite Kingdom of Jordan, the structures of Government Departments, their grades, designations, method of administration, and the manner of the appointment of civil servants, their dismissal, their supervision and the limits of their authorities and competences shall be specified by regulations issued by the Council of Ministers with the approval of the King.
Municipal affairs and local councils shall be administered by municipal or local councils in accordance with special laws.
A High Tribunal shall be composed of the Speaker of the Senate, as President, and of eight members: three of whom shall be appointed by the Senate from its members by ballot, and five from the judges of the highest civil court in the order of seniority; and when necessary, the number shall be completed from the presidents of the courts that follow it in the order of seniority as well.
The Special Tribunal (Diwan ) shall have the right to interpret the provision of any law which has not been interpreted by the courts if it is so requested by the Prime Minister.
In the event of what necessitates the defence of the country in the case of emergencies, a law in the name of the Defence Law shall be enacted by virtue of which power shall be given to the person specified by the law to take the necessary actions and measures including the power of the suspension of the ordinary laws of the State to ensure the defence of the country. The Defence Law shall come into force when this is declared by a Royal Decree to be issued on the basis of a decision by the Council of Ministers.
In the event of dangerous emergencies where the actions and measures under the preceding Article of this Constitution are considered insufficient for the defence of the Kingdom, the King, based on the decision of the Council of Ministers, may by a Royal Decree declare martial law in the whole of the Kingdom or any part thereof.
The procedures prescribed in this Constitution with regard to draft laws shall apply to any draft for the amendment of this Constitution; it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of each of the Senate and the House of Representatives. In the event of the meeting of the two Houses in accordance with Article (92) of this Constitution, it is conditional for the approval of the amendment to be passed by the two-thirds majority of the members of whom each House is composed. In both cases, it shall not be considered effective unless ratified by the King.
The function of the Army shall be confined to the defence of the country and its safety.
The laws issued in accordance with this Constitution for the regulation of rights and freedoms may not influence the essence of such rights or affect their fundamentals.
The Jordanian Constitution issued on 7 December 1946 together with the amendments thereto are hereby repealed.
The provisions of this Constitution shall come into force from the date of its publication in the Official Gazette.
The Council of Ministers shall be charged with the execution of the provisions of this Constitution