Parliament name (generic / translated) |
Majlis Al-Umma / National Assembly |
Structure of parliament |
Bicameral |
Chamber name |
Majlis Al-Nuwaab |
Related chamber (for bicameral parliaments) |
Majlis Al-Aayan / Senate
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POLITICAL SYSTEM
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Type of political regime |
parliamentary / constitutional monarchy |
Notes |
The King is the Head of the State and immune from any liability and responsibility (Article 30 of the Constitution). He is supreme commander of the land, naval and air forces. Legislative power is vested in the National Assembly and the King (Article 25 of the Constitution). The National Assembly consists of a Senate and a House of Representatives |
Head of the executive |
King |
Notes |
The executive power is vested in the King, who exercises his powers through his ministers (Article 26 of the Constitution). The Council of Ministers consists of the Prime Minister, who is the President, and of such number of ministers as may be needed. The Council of Ministers is entrusted with the responsibility of administering all affairs of the state; internal and external (Article 45 of the Constitution). |
Method for appointing the executive |
The Throne of the Hashemite Kingdom of Jordan is hereditary to the dynasty of King Abdullah Ibn Al-Hussein in a direct line through his male heirs (Article 28 of the Constitution). The King appoints the Prime Minister and may dismiss him/her or accept his/her resignation (Article 35 of the Constitution). He appoints the ministers, and also dismisses them or accepts their resignation, upon the recommendation of the Prime Minister. |
Term of office of the executive and coincidence with the term of the legislature |
The term of office of the House of Representatives is four years. 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. A general election takes place during the four months preceding the end of the term of the House. If the election has not taken place by the end of its term or if such election is delayed for any reason, the House remains in office until new elections. |
Incompatibility of the functions of member of the executive and member of Parliament |
No |
The Prime Minister, or any minister who is a member of either the House of Representatives or the Senate, is entitled to vote in the House to which he/she belongs and to speak in both Houses (Article 52 of the Constitution). However, ministers who are not members of either House may speak in both Houses without the right to vote. |
Dissolution of Parliament |
Yes |
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Parliament can be dissolved in case of a state of emergency or in case of a conflict of powers. |
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If the House of Representatives is dissolved, a general election must be held, and the new House convened not later than four months from the date of dissolution (Article 73 of the Constitution). If no elections have taken place by the end of the four months, the dissolved House assumes its full constitutional powers and assembles forthwith as if its dissolution had not taken place. It remains in office until the election of a new House. If the House is dissolved for any reason, the new House may not be dissolved for the same reason.
Such extraordinary session may not in any event continue after 30 September and may be prorogued on that date so that the House may be able to hold its first ordinary session on 1 October. Notwithstanding the above, the King may postpone the holding of the general elections if a case of force majeure has occurred, which the Council of Ministers considers as rendering the holding of elections impossible. Should this situation persist, the King may, upon a decision taken by the Council of Ministers, reinstate and convene the dissolved House. Such House is deemed as having been in existence in all respects from the date of the issue of the Royal decree effecting its reinstatement. It exercises its full constitutional powers.
Should the Council of Ministers consider that the holding of general elections in at least one half of the constituencies is possible in spite of the persistence of a case of force majeure, the King may order the holding of elections in such constituencies. The successful members elect not more than one-half of the number of the members for the other constituencies in which it was impossible to hold elections, provided that they can hold a (valid) meeting only by a majority of three quarters of their number, and provided also that the elections are by at least a two thirds majority. |
ACCOUNTABILITY
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Accountability of Government to Parliament |
Yes |
The King is immune from any liability and responsibility, but the Prime Minister and ministers are collectively responsible before the House of Representatives in respect of the public policy of the state (Article 51 of the Constitution). In addition, each minister is responsible before the House of Representatives in respect of the affairs of his/her ministry. The Prime Minister and ministers sign the decisions taken by the Council of Ministers, which are submitted to the King for ratification. |
Modalities of oversight |
- Oral and written questions of parliamentarians
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Any senator or deputy may address questions or interpellations to ministers concerning any public matter (Article 96 of the Constitution). The questions and answers are placed on the first next session agenda. The deputy then announces whether he/she is satisfied with the answer or not and if he/she wants to comment. Also, the deputy has the right to answer the minister briefly and the minister can again answer the deputy. If the deputy is not satisfied, he can turn the question into an interpellation. A debate thereon might also happen at the time of the general debate. |
- Government reports to Parliament
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The government's accountability to the parliament is brought into play by annual reports and votes thereon. |
Measures |
- Vote of confidence on Government programs and/or legislative proposals
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A session to consider a vote of confidence can be held at the request of the Prime Minister. Every newly formed Council of Ministers must, within one month of its formation, place before the House of Representatives a statement of its policy and request a vote confidence on the basis of the said statement. If the House is not in session at the time, or stands dissolved, the speech from the Throne is considered to be a statement of its policy for this purpose. More generally, the government's accountability to the parliament is brought into play in the legislative process, through debate with the government in general and through the committees which report to the House. |
Motions of censure and votes of no confidence (sub-report) |
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A motion of no confidence in the Council of Ministers or in any minister may be raised by a request of not less than 10 deputies (Article 54 of the Constitution). |
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The House casts a vote of no confidence in the Council of Ministers or an individual minister by an absolute majority of all its members. A vote of no confidence may be postponed only for one period, which may not exceed 10 days, either upon the request of the minister concerned or of the Council of Ministers. The House may not be dissolved during this period. |
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If the House casts a vote of no confidence in the Council of Ministers, the Council must resign. If the vote concerns an individual minister, he/she must resign. No motion of censure was tabled between 1990 and 2000. |
Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
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The House of Representatives is entitled to impeach the Prime Minister and the other ministers (Article 56 of the Constitution), for offences that may be attributed to them in the performance of their duties. Judges of the civil and sharia courts can be dismissed by a Royal decree (Article 98 of the Constitution). |
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A bill of impeachment by the House may not be passed except by a majority of two thirds of all members (Article 56 of the Constitution). The House appoints, from among its members, deputies who present the impeachment to, and proceed before, the High Tribunal. The High Tribunal applies the provisions of the penal code, and judgements are given by a majority of six votes. |
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A minister who is impeached by the House is suspended from office until his/her case is determined. The minister's resignation prevents neither the institution of criminal proceedings against him/her, nor the continuance of his/her trial. In the event of the resignation or dismissal of the Prime Minister from office, all ministers are considered as having automatically resigned or been dismissed. There were no impeachments between 1990 and 2000. |
- Have these procedures been applied?
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OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
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Oversight over the actions of the Government administration |
Yes |
The Prime Minister and ministers are collectively responsible before the House of Representatives in respect of the public policy of the state (Article 51 of the Constitution). In addition, each minister is responsible before the House of Representatives in respect of the affairs of his/her ministry. |
Means and modalities of oversight |
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The parliament exercises oversight over the actions of the government administration by holding hearings in committees. |
- Committees of inquiry and missions to Government departments
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The parliament exercises oversight over the actions of the government administration through committees of inquiry. |
- Oral and written questions of parliamentarians
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Any senator or deputy may address questions or interpellations to ministers concerning any public matter (Article 96 of the Constitution). The question must be addressed in writing to the government and the minister has to answer the question in writing within eight days. The minister has to answer the interpellation in writing within two weeks. No interpellation may be debated before eight days from the date of its receipt by the minister, unless the case is of an urgent nature and the minister agrees to shorten this period. The question and answers are placed on the first next session agenda. The deputy then announces whether he is satisfied with the answer or not and if he/she wants to comment. Also, the deputy has the right to answer the minister briefly and the minister can again answer the deputy. If the deputy is not satisfied, he/she can turn the question into an interpellation. A debate thereon might also happen at the time of the general debate. |
- Role of Parliament in the appointment of senior Government officials
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Not applicable |
- Activity reports of the Government administration and of public services or establishments
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Not applicable |
- Representation of Parliament in governing bodies of the Government administration
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Not applicable |
Existence of an ombudsman |
Yes |
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- Method for appointing the executive
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There are three means of oversight, (i) administrative oversight, (ii) financial oversight, and (iii) people's affairs. |
- Relationship to Parliament
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Not available |
BUDGETARY OVERSIGHT
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Consultation of Parliament in the preparation of the national budget
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Yes |
The parliament is consulted on budget levels for the various areas of the country and government departments. This is addition to the consultations held in the finance committee, which is expressly set up for that purpose. |
Modalities of oversight |
- Examination of the budget / finance act by Parliament
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The draft bill covering the general budget must be submitted to the National Assembly for consideration at least one month before the beginning of the financial year (Article 112 of the Constitution). Voting in respect of the budget takes place on each chapter separately. The Assembly, when debating the general budget draft bill or the provisional bills relating thereto, may reduce the expenditures under the various chapters in accordance with what it considers to be in the public interest, but it may not increase such expenditures either by amendment or by the submission of a separate proposal. However, the Assembly may, after the close of the debate, put forward bills for the creation of new expenditures.
During the debate on the general budget, no proposal is accepted for the abrogation of an existing tax or the creation of a new one or any amendment, whether for the increase or reduction, of existing taxes which are prescribed by financial laws in force, and no proposals are accepted for amending expenditures or revenues fixed by contract. Revenues and expenditures estimated for each financial year are approved in the general budget law. |
- Reports on the budget / finance act by Committees
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Not available |
Fields overseen |
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The parliament exercises oversight over all public funds. |
- Budget of special departments
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The parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
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The parliament exercises oversight over national development plans through the cooperation between the various committees and their counterparts in the executive authority. |
Parliament's deadline for the examination and adoption of the budget / finance act |
The draft bill covering the general budget must be submitted to the National Assembly for consideration at least one month before the beginning of the financial year. In practice, the examination of the finance bill for the next year is done within the first two weeks from the start of each fiscal year. There is no deadline for the adoption of the finance bill. |
Consequences of failure by Parliament to adopt the budget / finance act |
If it is not possible to enact the general budget law prior to the beginning of the new financial year, expenditures continue by monthly appropriations at the rate of one twelfth of each month of the previous year's budget (Article 113 of the Constitution). |
Budgetary autonomy of Parliament |
Yes |
The parliament has its own budget, independent of the expenditure policy. |
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
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Evaluation of Government spending |
Parliament approves Government expenditures annually |
Yes |
The finance committee studies the final accounts of the government as well as its independent departments. The parliament exercises oversight over the implementation of the budget through reports from the committee. |
Parliamentary oversight of public companies |
No |
Not applicable |
Modalities of oversight |
- Body for auditing the Government's books and method for appointing
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An audit office is set up for controlling the state's revenues, its expenses and the manner of expenditure (Article 119 of the Constitution). The audit office is appointed by the government and the law provides for the immunity of its Head. |
- Reports of the public auditor's office
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The audit office submits to the House of Representatives at the beginning of each ordinary session, or whenever the House demands, a general report embodying its views and comments and indicating any irregularities committed and the responsibility arising from such irregularities. |
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The parliament exercises oversight over the implementation of the budget through reports from the audit office. |
OVERSIGHT OVER FOREIGN POLICY
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Foreign Relations Committee (sub-report) |
- Functions of the Committee
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The parliament exercises oversight over foreign policy through the foreign relations committee. |
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The committee (i) studies recommendations regarding foreign policy, and Arab, Islamic and international relations; (ii) studies international treaties and agreements; and (iii) organises the relations with other parliaments and parliamentary unions. |
- Composition of the Committee
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The composition of the committee reflects the numerical strength of each party in the parliament. |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
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The parliament exercises oversight over foreign policy through bilateral visits, participation in inter-parliamentary conferences and information missions abroad. |
- Plenary debates on foreign policy issues
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The parliament exercises oversight over foreign policy by organising plenary debates on foreign policy issues. |
Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
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The parliament can take the initiative to send parliamentary delegations to intergovernmental meetings. |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
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The King ratifies international treaties and agreements (Article 33 of the Constitution). However, treaties and agreements that involve financial commitments on the treasury or affect public or private rights are not valid unless approved by the National Assembly. In no circumstances may any secret terms contained in any treaty or agreement be contrary to their overt terms. In addition, any deputy or committee, by consent of the House, can request that a treaty or international instrument be submitted to the House for ratification. |
- Other mechanisms for participation in foreign policy by Parliament
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In addition to the above, parliamentarians can exercise oversight over foreign policy by holding discussions and questioning the government. |
OVERSIGHT OVER NATIONAL DEFENCE POLICY
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National Defence Committee (sub-report) |
- Functions of the Committee
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Not applicable |
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Not applicable |
- Composition of the Committee
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Not applicable |
Parliamentary oversight of public arms manufacturing companies |
Not applicable |
Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
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The King declares war and concludes peace (Article 33 of the Constitution). |
- Role of Parliament in sending troops abroad
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Not applicable |
- Other mechanisms for participation in national defence policy by Parliament
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The parliament exercises oversight over defence policy (i) through general debates regarding defence policy in the parliament; (ii) through voting in respect of the chapters in the budget dealing with defence policy; and (iii) by asking and submitting questions and interpellations to the relevant minister regarding defence policy. |
STATE OF EMERGENCY
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Circumstances |
In the event of an emergency necessitating the defence of the Kingdom, i.e. in the case of a natural disaster or internal unrest, a defence law is 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 (Article 124 of the Constitution). The defence law comes into force upon its proclamation by a Royal decree to be issued on the basis of a decision of the Council of Ministers. In the event of an emergency of such a serious nature that action 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. When martial law is declared, the King may by 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 continue to be subject to legal liability for all acts committed by them. |
Can parliament take the initiative to declare a state of emergency |
No |
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Consequences of a state of emergency for Parliament |
Except for the role in discussing general government policy there is no clear role for the parliament as regards a state of emergency. However, it continues its functions and keeps its normal duties. |
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
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Modalities of oversight |
- Body ruling on the constitutionality of laws
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Constitutional Council |
The High Tribunal consists of the Speaker of the Senate as President and eight members, three of whom are selected by ballot by the Senate from amongst its members and five members to be selected from amongst the Judges of the highest civil court in order of seniority (Article 57 of the Constitution). In case of necessity, the number is completed from the presidents of the lower courts, also in order of seniority. |
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The High Tribunal has an absolute 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 House of Representatives passed by absolute majority (Article 122 of the Constitution). Such interpretation must be implemented upon its publication in the official gazette. In addition, every citizen has the right to refer to any court regarding the constitutionality of a law. Judges of the lower courts have the right to prevent the application of unconstitutional laws. |
Evaluation of laws |
No |
Not applicable |
Measures |
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