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Constitution of Jordan – 8: General Provisions

CHAPTER EIGHT

 

GENERAL PROVISIONS

 

Article 120

The administrative divisions of the Hashemite Kingdom of Jordan, the establishment of the Government Departments, their classification, designations, the plan of operations and the manner of the appointment of civil servants, their dismissal, their discipline, supervision and the limits of their competence and powers shall be determined by regulations issued by the Council of Ministers with the approval of the King.

 

Article 121

Municipal and local council affairs shall be administered by municipal or local councils in accordance with special laws.

 

Article 122

The High Tribunal provided for in Article (57) shall have the right to interpret the provisions of the Constitution if so requested either by virtue of a decision of the Council of Ministers or by a resolution taken by the Senate or the Chamber of Deputies passed by absolute majority. Such interpretation shall be implemented upon its publication in the Official Gazette.

 

Article 123

(i) The Special Tribunal (Diwan Khass) may interpret the provisions of any law which have not been interpreted by the courts if so requested by the Prime Minister.

 

(ii) The Special Tribunal shall consist of the President of the highest Civil Court as chairman, two of its judges and one senior administrative official, who shall be appointed by the Council of Ministers, as members. It shall also include a member delegated by the Minister concerned from among the senior officials of the Ministry which is involved in the needed interpretation.

 

(iii) * The Special Tribunal shall give its decisions by a majority of votes.

 

(iv) Decisions given by the Special Tribunal and published in the Official Gazette shall have the force of law.

 

(v) All other matters concerning the interpretation of laws shall be decided as they arise by the courts of law in the usual course.

 

* As amended in the Official Gazette No. 1380 of 4/5/1958.

 

Article 124

In the event of an emergency necessitating the defence of the Kingdom, a law, which shall be known as the Defence Law, shall be enacted giving power to the person specified therein to take such actions and measures as may be necessary, including the suspension of the operation of the ordinary laws of the State, with a view to ensuring the defence of the Kingdom. The Defence Law shall come into force upon its proclamation by a Royal Decree to be issued on the basis of a decision of the Council of Ministers.

 

Article 125

(i) In the event of an emergency of such a serious nature that action under the preceding Article of the present Constitution will be considered insufficient for the defence of the Kingdom, the King may by a Royal Decree, based on a decision of the Council of Ministers, declare martial law in the whole or any part of the Kingdom.

 

(ii) When martial law is declared, the King may by a decree issue such orders as may be necessary for the defence of the Kingdom, notwithstanding the provisions of any law in force. Persons charged with the implementation of such orders shall continue to be subject to legal liability for all acts committed by them under the provisions of any such laws until they are relieved of such responsibility by a special law to enacted for the purpose.

 

Article 126

(i) The procedure prescribed in the present Constitution with regard to draft laws shall apply to any draft law for the amendment of this Constitution, provided that any such amendment is passed by a two- thirds majority of the members of each of the Senate and the Chamber of Deputies. In the event of a joint meeting of the Senate and the Chamber of Deputies in accordance with Article (92) of this Constitution, the amendment shall be passed by a two-thirds majority of the members of both Houses, provided that in both cases the amendment shall not come into force unless ratified by the King.

 

(ii) No amendment of the Constitution affecting the rights of the King and the succession to the Throne may be passed during the period of Regency.

 

Article 127

The duties of the Army shall be confined to the defence of the Kingdom and its safety.

 

(i) Recruitment to the Army, its organisation and the rights and duties of its personnel shall be defined by law.

 

(ii) The organisation of the police and gendarmerie, including their powers, shall be defined by law.

 

Next: Chapter 9 – Enforcement and Repeal of Laws

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