CHAPTER FOUR

The Executive Power

Part I

The King and His Prerogatives

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.

(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.

(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.

(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.

Part II

Ministers

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.”

(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.

(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.

(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.

(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.

* 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.

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.