CHAPTER FOUR
The Executive Power
Part I
The King and His Prerogatives
Article Twenty Eight
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 as provided
hereinafter:
(a) * The Royal title shall pass from the holder of the Throne to his eldest
son, and to the eldest son of that son and in linear succession by a similar
process thereafter. Should the eldest son die before the Throne devolves upon
him, his eldest son shall inherit the Throne, despite the existence of brothers
to the deceased son. The King may, however, select one of his brothers as heir
apparent. In this event, title to the Throne shall pass to him from the holder
of the Throne.
* As amended in the Official Gazette No. 1831 of 1/4/1965
(b) Should the person entitled to the Throne die without a male heir, the Throne
shall pass to his eldest brother. In the event that the holder of the Throne
has no brothers, the Throne shall pass to the eldest son of his eldest brother.
Should his eldest brother have no son, the Throne shall pass to the eldest son
of his other brothers according to their seniority in age.
(c) In the absence of any brothers or nephews, the Throne shall pass to the
uncles and their descendants, according to the order prescribed in paragraph
(b) above.
(d) Should the last King die without any heir in the manner prescribed above,
the Throne shall devolve upon the person whom the National Assembly shall select
from amongst the descendants of the founder of the Arab Revolt, the late King
Hussein Ibn Ali.
(e) No person shall ascend the Throne unless he is a Moslem, mentally sound
and born by a legitimate wife and of Moslem parents.
(f) No person shall ascend the Throne who has been excluded from succession
by a Royal Decree on the ground of unsuitability. Such exclusion shall not of
itself include the descendants of such person. The Royal Decree of exclusion
shall be countersigned by the Prime Minister and by four Ministers, at least
two of whom shall be the Minister of Interior and the Minister of Justice.
(g) The King attains his majority upon the completion of his eighteenth year
according to the lunar calendar. If the Throne devolves upon a person who is
below this age, the powers of the King shall be exercised by a Regent or Council
of Regency, who shall have been appointed by a Royal Decree by the reigning
King. If the King dies without making such nomination, the Council of Ministers
shall appoint the Regent or Council of Regency.
(h) Should the King become unable to exercise his powers on account of illness,
his powers shall be exercised by a Viceregent or Council of Viceregents. The
Viceregent or Council of Viceregents shall be appointed by Royal Decree. Should
the King be unable to make such appointment, such shall be made by the Council
of Ministers.
(i) Should the King wish to leave the country, he shall, before his departure
and by a Royal Decree, appoint a Viceregent or a Council of Viceregents to exercise
his powers during his absence. The Viceregent or Council of Viceregents shall
observe any conditions which may be prescribed in the Royal Decree. If the absence
of the King is extended to more than four months and the National Assembly is
not in session, the Assembly shall be summoned immediately to consider the matter.
(j) Before the Regent or Viceregent or any member of the Council of Regency
or of the council of Viceregents assumes his office he shall take an oath, as
prescribed in Article 29 hereof, before the Council of Ministers.
(k)In the event of the death of the Regent or Viceregent or member of the Council
of Regency or of the Council of Viceregents, or should he become incapable of
performing his duties, the Council of Ministers shall appoint a suitable person
to replace him.
(l) A Regent or Viceregent or member of the Council of Regency or of the Council
of Viceregents shall not be less than thirty years according to the lunar calendar.
However, any male relative of the King who has completed his eighteenth year
of age according to the lunar calendar may be appointed to any such office.
(m) In the event of the King being incapacitated by any mental illness, the
Council of Ministers, on confirmation of his illness, shall immediately convene
the National Assembly. Should the illness be definitely confirmed, the National
Assembly shall by resolution depose the King, whereupon title to the Throne
shall devolve upon the person entitled thereto after him according to the provisions
of this Constitution. If the Chamber of Deputies stands dissolved at the time
or if its term had expired and no new Chamber had been elected, the former Chamber
of Deputies shall be convened for the purpose.
Article Twenty Nine
The King shall upon his succession to the Throne take an oath before the National
Assembly, which shall be convened under the chairmanship of the Speaker of the
Senate, to respect and observe the Constitution and be loyal to the Nation.
Article Thirty
The King is the Head of the State and is immune from any liability and responsibility.
Article Thirty One
The King ratifies the laws and promulgates them. He shall direct the enactment
of such regulations as may be necessary for their implementation, provided that
such regulations are not inconsistent with the provisions thereof.
Article Thirty Two
The King is the Supreme Commander of the Land, Naval and Air Forces.
Article Thirty Three
(i) ** The King declares war, concludes peace and ratifies treaties and agreements.
(ii) Treaties and agreements which involve financial commitments to the Treasury
or affect the public or private rights of Jordanians shall not be valid unless
approved by the National Assembly. In no circumstances shall any secret terms
contained in any treaty or agreement be contrary to their overt terms.
* As amended in the Official Gazette No. 1380 dated 4/5/1958.
** As amended in the Official Gazette No. 1396 dated 1/9/1958.
Article Thirty Four
(i) The King issues orders for the holding of elections to the Chamber of Deputies
in accordance with the provisions of the law.
(ii) The King convenes the National Assembly, inaugurates, adjourns, and prorogues
it in accordance with the provisions of the Constitution.
(iii) The King may dissolve the Chamber of Deputies.
(iv) * The King may dissolve the Senate or relieve any Senator of his membership.
* As amended in the Official Gazette No. 2523 dated 10/11/1974.
Article Thirty Five
The King appoints the Prime Minister and may dismiss him or accept his resignation.
He appoints the Ministers; he also dismisses them or accepts their resignation,
upon the recommendation of the Prime Minister.
Article Thirty Six
The King appoints members of the Senate and appoints the Speaker from amongst
them and accepts their resignation.
Article Thirty Seven
(i) The King creates, confers and withdraws civil and military ranks, medals
and honorific titles. He may delegate this authority to any other person by
special law.
(ii) Currency shall be minted in the name of the King in pursuance of the law.
Article Thirty Eight
The King has the right to grant a special pardon or remit any sentence, but
any general pardon shall be determined by special law.
Article Thirty Nine
No death sentence shall be executed except after confirmation by the King. Every
such sentence shall be placed before the King by the Council of Ministers accompanied
by their opinion thereon.
Article Fourty
The King shall exercise the powers vested in him by Royal Decree. Every such
Decree shall be countersigned by the Prime Minister and the Minister or Ministers
concerned. The King expresses his concurrence by placing his signature above
the said signatures.
Part II
Ministers
Article Fourty One
The Council of Ministers shall consist of the Prime Minister, who shall be the
President, and of such number of Ministers as may be needed and as public interest
may require.
Article Fourty Two
No person shall be appointed a Minister unless he is a Jordanian.
Article Fourty Three
The Prime Minister and Ministers shall, before assuming their duties, 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."
Article Fourty Four
No Minister may purchase or lease any Government property even if the sale or
lease thereof has been offered in public auction. He shall not, while holding
his Ministerial office, become a member of the board of directors of any company
or take part in any commercial or financial transaction or receive a salary
from any company.
Article Fourty Five
(i) * The Council of Ministers shall be entrusted with the responsibility of
administering all affairs of the State, internal and external, with the exception
of such matters as are or may be entrusted by the present Constitution (**)
or by any other legislation to any other person or body.
(ii) The duties of the Prime Minister, the Ministers and the Council of Ministers
shall be defined by regulations made by the Council of Ministers and ratified
by the King.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
* As amended in the Official Gazette No. 1396 of 1/9/1958.
Article Fourty Six
Any Minister may be entrusted with the responsibility of one or more Ministries,
as may be stated in the Decree of appointment.
Article Fourty Seven
(i) Every Minister shall be responsible for the conduct of all matters pertaining
to his Ministry. He shall refer to the Prime Minister any matter not falling
within his competence.
(ii) The Prime Minister shall dispose of all matters within his powers and competence
and shall refer other matters to the Council of Ministers for such decision
as may be necessary.
Article Fourty Eight
The Prime Minister and Ministers shall sign the decisions taken by the Council
of Ministers, which shall be submitted to the King for ratification in all cases
required under the present Constitution or any law or regulations enacted thereunder.
Such decisions shall be implemented by the Prime Minister and Ministers, each
within the limits of his competence.
Article Fourty Nine
Verbal or written orders of the King shall not release the Ministers from their
responsibilities
Article Fifty
In the event of the resignation or dismissal of the Prime Minister from his
office, all Ministers shall be considered as having automatically resigned or
been dismissed from their offices.
Article Fifty One
The Prime Minister and Ministers shall be collectively responsible before the
Chamber of Deputies in respect of the public policy of the State. In addition,
each Minister shall be responsible before the Chamber of Deputies in respect
of the affairs of his Ministry.
Article Fifty Two
The Prime Minister, or the Minister who is a member of either the Chamber of
Deputies or the Senate, shall be entitled to vote in the House to which he belongs
and to speak in both Houses. However, Ministers who are not members of either
House may speak in both Houses without the right to vote.
Article Fifty Three
(i) * A motion of no confidence in the Council of Ministers or in any Minister
may be raised by the Chamber of Deputies.
(ii) If the Chamber of Deputies casts a vote of no confidence in the Council
of Ministers by an absolute majority of all its members, the Council of Ministers
shall resign.
(iii) If the vote of no confidence concerns an individual Minister, he shall
resign his office.
* As amended in the Official Gazette No. 1179 17/4/1954.
Article Fifty Four
(i) A session to consider a vote of no confidence in the Council of Ministers
or in any individual Minister shall be held either at the request of the Prime
Minister or at a request signed by not less than ten Deputies.
(ii) * A vote of no confidence in the Council of Ministers or in any individual
Minister may be postponed only for one period, which shall not exceed ten days,
either upon the request of the Minister concerned or of the Council of Ministers.
The Chamber shall not be dissolved during this period.
(iii) ** Every newly formed Council of Ministers shall within one month of its
formation, in cases where the Chamber of Deputies is in session, place before
the Chamber of Deputies a statement of its policy and request a vote confidence
on the basis of the said statement. If the Chamber of Deputies is not in session
at the time, or stands dissolved, the Speech from the Throne shall be considered
to be a statement of its policy for the purposes of this Article.
* As amended in the Official Gazette No. 1179 of 17/4/1954 and No. 1380
of 4/5/1958.
** As amended in the Official Gazette No. 1380 of 4/5/1958.
Article Fifty Five
Ministers shall be tried by a High Tribunal for offences which may be attributed
to them in the course of the performance of their duties.
Article Fifty Six
The Chamber of Deputies is entitled to impeach Ministers, but a bill of impeachment
shall not be passed except by a majority of two-thirds of the members of the
Chamber. The Chamber of Deputies shall appoint, from among its members, deputies
who shall present the impeachment to, and proceed before, the High Tribunal.
Article Fifty Seven
The High Tribunal shall consist of the Speaker of the Senate as President and
eight members, three of whom shall be 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. In case of necessity, the
number shall be completed from the presidents of the lower courts, also in order
of seniority.
Article Fifty Eight
The High Tribunal shall apply the provisions of the Penal Code in force in respect
of offences specified therein. A special law shall specify the offences for
which Ministers shall be responsible in cases where such offences are not covered
by the Penal Code.
Article Fifty Nine
* Judgements shall be given by the High Tribunal by a majority of six votes.
* As amended in the Official Gazette No. 1380 of 4/5/1958.
Article Sixty
The High Tribunal shall make its own Rules of Procedure for the trial of Ministers,
pending the enactment of a special law for this purpose.
Article Sixty One
A Minister who is impeached by the Chamber of Deputies shall be suspended from
office until his case is determined by the High Tribunal. His resignation shall
not prevent the institution of criminal proceedings against him, or the continuance
of his trial.