Explanatory Memorandum

On the Review of the 1952 Constitution of the Hashemite Kingdom of Jordan

Issued in 2011
A brief introduction on the parliamentary and constitutional life in Jordan during the formation era of the Kingdom:
Jordan was familiar with parliamentary representation before the establishment of the modern Jordanian state. A representative from Karak was elected for the Turkish Chamber of Deputies in 1908 to represent the district under the Ottoman rule. He was re-elected for the same council in 1914. In addition, six representatives from Transjordan were elected for the first council established in Syria to represent the southern sector of Syria. In the second council, the number of Jordanian representatives was raised to seven. After the state (the emirate) was established in 1921, specifically one month after Britain recognized the state in 1923, then Prince Abdullah issued a decree to form a committee tasked with writing a basic law on the basis of which a parliament would be elected in Jordan. The committee wrapped up its mission in 1924 but the British mandate blocked the plan. Any review of the modern history of Jordan since the inception of the emirate and the popular movements in Jordan would pinpoint a high level and wide scope democratic awareness among Jordanians, which was not in contradiction with the thought and will of the emir. But the newly born state struggled with the obstacles placed by the British occupation and its maneuvers, which impeded democratic progress and delayed the completion of the necessary constitutional structure, despite the arduous negotiation rounds Prince Abdullah went into with the British authorities and the endeavors of national and popular movements that called for completing all the elements of constitutional and democratic life and real independence. The year 1928 was a milestone in the history of this struggle, as it witnessed the drafting of the first popular-political document in Jordan, titled: the National Charter, which boosted the efforts the Prince and national forces were exerting to work out an effective formula for the country's envisioned Constitution. These efforts were in harmony with the will and the aspirations of the Prince. Although the founding Prince had ordered the setting up of a panel tasked to draft a basic law, which completed that in 1924, the implementation of its recommendations did not take place before 1928; only after the Jordanian-British Treaty was signed. It should be noted that the constitution drafted then was not up to the aspirations of the people, who were seeking to see a complete democratic state. Until 1946, and despite the declaration of the independence of the country, which emerged as a kingdom then, the constitution did not go into full force before 1947. Despite improvements and progressive amendments to some of its provisions, the constitution was incomplete and unable to meet the needs of a modern state. It was neither capable of responding to the aspirations of citizens to build a full-fledged 1

democracy, especially with the major regional developments pertaining to the Jewish occupation of a large part of Palestine. Then came the unification of the East and West Banks during Jericho Conference and the formation of the first Parliament split equally between representatives from both banks. This parliament endorsed the union, setting as a condition the preservation of the Palestinian identity. That was on April 24, 1950. Then other developments surfaced: The two-bank Parliament was dissolved and new elections were held for the 1950 Chamber of Deputies, which remained functional till 1954. It is worth highlighting in this context a remark from the address His Majesty the late King Abdullah I delivered at the House. It was a statement of special significance we quote from historical records: "You have joined my march over the past years and I will join yours in the coming ones. It will be under your constitutional responsibility and I will offer fatherly guidelines". In implementation of that, the government formed a committee to draft a constitution that was submitted to Parliament. The document had a contractual or semi-contractual nature, especially since it was adopted after the unification of the two Banks was fully established. That was the 1952 Constitution, which was issued after the assassination of the founding King in Jerusalem. He was succeeded by His Majesty the late King Talal bin Abdullah. The Kingdom entered a new era of its political development, having at hand one of the best and most progressive constitutions in the modern Arab history1.

1952 Constitution
In the Official Gazette, issue No. 1093 on January 8, 1952, the most important document in the political and social modern history of the Hashemite Kingdom of Jordan was published, seen as a very ground-breaking and progressive step in the development of political life in the Arab World. It started as follows: "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 House of Representatives, hereby approve this revised Constitution and decree its promulgation". It is worth mentioning that this Constitution clearly emphasizes in its preamble and the general provisions two basic principles that govern the democratic approach. In Article 1, it explicitly stipulates that the Kingdom's "system of government is parliamentary with a hereditary monarchy". In Article 24, under the chapter covering powers, it stipulates:

Some of the references include Dr. Abdullah Tawalbeh's "Parliamentary Life in Jordan". Dr. Kamel Abu Jaber's "Parliament in the Kingdom of Jordan" and "Constitutional Law," by Dr. Adel Hiari.

(i) The Nation is the source of all powers. (ii) The Nation shall exercise its powers in the manner prescribed by the present Constitution. Meanwhile, Articles 25, 26 and 27 include provisions that call for separation between the legislative, judicial and executive powers while maintaining balance in a flexible way that facilitates cooperation between the powers without any of them infringing upon the jurisdiction of the other. It states how each of these branches exercises its powers as authorized by the Nation and stipulated in the Constitution. These articles, among others, constitute the pillars and constants of constitutional democracy. The 1952 Constitution, which crowned the long struggle of the Jordanian people under their inspired leadership, set the foundations for constitutional life and the democratic process. It is still viewed with high esteem by the people. Regardless of the changes that have been made in the past era, the Constitution remains the corner stone and the beacon that illuminates the way ahead and guides the successful march of our noble people. It is the safe threshold that leads to modernization and development and the guide for any movement seeking reform and positive change that might be required under certain circumstances and in light of the natural course of life.

Revision of the 1952 Constitution By the Royal Committee tasked with reviewing the Constitution2011

The Constitution of the Hashemite Kingdom of Jordan is classified as a relatively rigid document in the sense that any amendment to its provisions is subject to stricter measures than those need to amend a regular law. A constitution is described as flexible if it was amendable in the same manner needed to change laws. Article 126 of the Constitution sets conditions to endorse constitutional amendments, including that such amendments are passed by a two-thirds vote of both Houses of Parliament (the Senate and the Chamber of Deputies). In all cases, no constitutional amendment should go into effect without the King's endorsement. The 1952 Constitution has been subject to 30 amendments so far, some were dictated by external and international developments, while others came in response to internal necessities and conditions and to the emerging needs of the Jordanian state as deemed necessary by the competent authorities when the changes were effected. A list of the changes made is compiled in Appendix (1). Reviewing these amendments, the historical context and the conditions under which they were made, we concluded that some of these were necessary under the circumstances prevailing then, while the changes made to other provisions are no longer valid because the conditions that dictated them are over. To keep such amendments unchanged might become a burden and an obstacle hindering progress towards a more progressive model of democracy that is compatible with the vision of His Majesty the King. In fact, some view these amendments as a threat to the development and reform process and the political and socio-economic progress envisaged by the leadership and aspired by the Jordanian people. The Hashemite leadership has foreseen the need to revisit these amendments and see if it was essential to keep them in light of the changing conditions in the region and the world. The leadership understood that maintaining the majority of these changes might be interpreted by some as an obstacle to the envisaged development it seeks for its people to unleash their potential and creativity to build the future they aspire to. Meanwhile, the leadership has been aware of the fact that the world is changing and societies undergo transformations and face challenges to all aspects of development. These include the mechanisms of government and state administration and requirements of success in catching up with the spirit of the age and modernizing the social, political and economic structures. In fact, the Hashemite leadership has foreseen the future and the coming challenges very clearly and believed in the need to respond to these challenges. It has called and is still calling for consistency with the future vision of the modern state and has undertaken from the very beginning a pioneering role to introduce the necessary changes and achieve reform and development. It has been well-aware of the importance of developing political work and the political system so as to maintain its leading role in ensuring political and social balance in state administration, especially since our political system was

founded on a Constitution based on separation and balance between powers, preventing any of these power to infringe on the other and ensuring that each enjoys integrity and independence so as to realize the ultimate goal of government, namely, to achieve the best level of a decent and stable life for the noble Jordanian people. Accordingly, the leadership has called for revisiting the Constitution, which is the supreme and most important document in the Kingdom's political and intellectual heritage that has posed as a testimony to the country's pioneering role in terms of its national achievements and its contribution to the human civilization. This document has served as the covenant and the robust social contract that preserves the social fiber, diversity and pluralism and entrench the principles of our system of parliamentary monarchy that is based on the rule of the law and sovereignty of the Nation. As the Hashemite leadership has always enjoyed farsightedness and commendable prudence and because it is fully aware that what is required is well-studied change and reform that is planned away from instant emotional reactions and spontaneous responses to emergencies and short-term needs and that maturity, experience, patience and conscious analysis are the best means to achieve what people wish in any society, the Royal committee for reviewing the Constitution was entrusted not only with revisiting the constitutional amendments that were the focus of a recent debate, but also to carry out a comprehensive revision of the constructional provisions in this prestigious document that has a special place in the hearts of Jordanians and which is trusted as a reliable source referred to when there is a debate is over any political, national or social issue or over the way to revive political life within a constitutional context and improve the performance of political parties and Parliament so that the National Assembly can aptly carry out its legislative and monitoring duties and the role of the judiciary is consolidated as an independent referee between all authorities, agencies and parties. The judiciary should always remain a robust institution at all levels and in all forms of litigation. In his letter to the committee, His Majesty expressed hope that this would stimulate the process of renewal in terms of structure, thought and performance and enhance our democratic process so as to build a new Jordan where the potential of its young, conscious and creative people is unleashed to achieve a level of political performance that leads to wider public participation in decision and policy making, protects national accomplishments and defends freedom, justice, democracy and all the noble values that our people hold dear: tolerance, chivalry and respect for human rights, and selecting for public posts only those who are qualified and trusted by the citizens. The Royal committee has been honored by this assignment and is fully aware of the importance of the mission as a sacred national duty. It has handled the job with the sincerity and objectivity required away from any consideration other than achieving the best for our noble people and fulfilling the task we have been assigned to by the Hashemite leadership. The committee worked non-stop for three months, during which it carried out a comprehensive review and an in-depth study of the Constitution and the amendments that had been introduced to it. The committee received a considerable number of significant legal and constitutional opinions that entailed suggestions for amendments to provisions and principles or proposed additions. It also followed what the media

published of articles related to the topic. Such proposals and opinions were very enriching to the process and of great benefit to the members of the committee, who also referred to numerous studies specialized in constitutional issues in several world countries, taking most of these into consideration after a deep comparative study to determine if these opinions apply to the evolution and development of constitutional systems in countries that were the focus of the studies in question. The committee also looked into the new trends in the field of constitutional studies and political systems and the circumstances surrounding these systems and how responsive these trends are to the national needs and necessities ensuing from the process of political and constitutional reform, without compromising the established principles that govern democratic life in general, having also become an integral part of the human heritage. These principles are not different from the basic guidelines of the Jordanian Constitution in force. Having said that, we also took into consideration the changes that are sweeping the globe and the challenges arising from the fast-paced developments that engulf the entire world. The aim was to ensure that we are on the right track to achieve the genuine political reform that responds to the democratic transformations in the region and the world and brings about the highest level possible of social concord and deepens the values of democracy, social justice and human rights and dignity in a manner that does not contradict with Jordan's national and historical constants and the ultimate goals of the political reform it seeks. We sought through our work to revitalize the mechanisms of democratic action so as to ensure the widest political participation and the highest degree of social peace at the minimal human cost. Undoubtedly, the guidelines included in His Majesty's letter to the committee, which were consistent with and responsive to the increasing public desire to see wide-scope, sincere, sustainable and developable reforms, served as guidelines for us and helped achieve the best results. So did the recommendations of the National Dialogue Committee and the outcome of the continuous political action by groups in the Jordanian arena, who proudly recognize the achievements of the Jordanian people and its leadership through a long era of continuous building and development, which was not necessarily flawless or immune against the influence of the wide differences in opinion and, at times, the different paths taken at the political and social levels. As we stated above, the Jordanian Constitution of 1952, regardless of the amendments it has seen as a result of external conditions or, sometimes, unsound opinions that have had their side effects resulting in slow progress in the modernization and development process that should have moved on at a faster pace, has always been a reference for the nation, a beacon and a haven to which we have resorted to correct wrong situations and overcome obstacles, congestions and failures, thanks to the values of democracy, social justice, freedom and equality it embraced. The committee tasked with reviewing the Constitution concluded that certain amendments should be introduced and others removed (out of what has become a necessity) from the Constitution, which has provided and still provides the political and social reference framework for the process of development and modernization and the right response to the present and future challenges.

Emphasizing its respect and appreciation of all parties that might hold opposing views to what have been concluded, the committee asserts that it was driven by a desire to foresee the future, meet the requirements of the modernization process and learn the lessons of the past and present, with a view to realize the objectives stated in the Royal letter of designation and meet the aspirations of our great people to achieve a brighter future and proudly lead a life of national and human dignity where their dreams of better livelihood come true and noble human values that are part of their spiritual, psychological and religious heritage and collective message, prevail. The committee was keen to bring the proposed amendments closer to the Royal vision and national consensus and to respond to the requirements of political and constitutional development. In the following part, the committee would like to highlight the major amendments it painstakingly made with the guidance of the Royal letter, detailing some of the reasons behind the decisions.

Recommendations of the Royal committee for Constitution Review

Chapter Two: Rights and Duties of Jordanians

1- Article 6: Two paragraphs, 2 and 4, were added: Paragraph (2) reads: Defending the homeland, its land and people's unity and maintaining social peace are sacred duties of every Jordanian. Paragraph (4) reads: The family is the foundation of the society. It is founded on religion, morals and patriotism. The law preserves its legal entity, strengthens its ties and values, protects under it motherhood and childhood and cares for youth and people with disabilities and protects them from exploitation. The mandating reasons behind including these two paragraphs are obvious. They respond to developments and transformations societies have witnessed and it has become necessary to protect the society though binding and decisive legal provisions. 2- Article 7: A new paragraph (2) was added to Article 7, stipulating: Any infringement on the rights and public freedoms or sanctity of private life of Jordanians is a crime punishable by law. That is to emphasize the right of exercising public and private freedoms and human rights. 3- Article 8 has become as follows, consisting of two paragraphs: 1- No person may be arrested, detained, imprisoned, have his/her freedom restricted or prevented from free movement except in accordance with the provisions of the law. 2- Every person who is arrested, imprisoned or his/her freedom is restricted, must be treated in a way that preserves his/her human dignity. It is forbidden for him/her to be tortured (in any form) or harmed physically or mentally, as it is forbidden to detain him/her in places outside of those designated by the laws regulating prisons. Any statement extracted from a person under duress of anything of the above or the threat thereof shall neither bare any consideration nor reliability.

4- Article 11: The phrase" or any part thereof" was added to Article 11, which has to do with expropriation of properties, to become: No property of any person or any part thereof may be expropriated except for purposes of public utility and in consideration of a just compensation, as may be prescribed by law. The aim is to support the freedom to property ownership and prohibit expropriation. 5- Additions were made to Article 15, to read: 1. The State shall guarantee freedom of opinion. Every Jordanian shall be free to express his opinion by speech, in writing, or by means of photographic representation and other forms of expression, provided that such does not violate the law. 2. The State shall guarantee freedom of scientific research. It shall also guarantee the freedom of literary, artistic and cultural creativity if not contrary to public order and public morals. 3. Freedom of the press, publications and mass media shall be ensured within the limits of the law. 4. Newspapers shall not be suspended from publication nor shall their permits be revoked except by a judicial order in accordance with the provisions of the law. 5. In the event of the declaration of martial law or a state of emergency, a limited censorship on newspapers, publications, books, broadcasts and other means of communication in matters affecting public safety and national defense may be imposed by law. 6. Control of the resources of newspaper shall be regulated by law. It should be noted that a very important amendment was made by adding a general provision (Article 128) which ensures that laws are free from any provision that would impair the substance of the rights adopted by the Constitution or affect their fundamentals. In other words, by virtue of the amendments made, laws that drafted to regulate freedoms and rights are explicitly prohibited from compromising basic freedoms and rights. 6- In Article 16, the word "associations" was added to Paragraph 2 after the phrase "establish societies" and to Paragraph 3 after "establish societies" to remove any ambiguity in interpretation and because both share the same reasoning. 7- Article 18 was changed to read: All postal, telegraphic and telephonic communications and other means of communication shall be treated as secret and as such shall not be subject to censorship, suspension or confiscation except by judicial order in accordance with the provisions of the law.

The aim was to fully protect personal freedom. 8- In Article 20, the word "basic" was added before "education" to go with the international term. 9- In Article 27, the word "independent" was added after "The Judicial Power" to decisively assert the independence of the judicial power. 10- Article 33 was amended to read:
1. The King declares war, concludes peace and ratifies treaties. 2. Peace, alliance, trade and maritime treaties and other treaties which entails

modification in the territory of the State, impinge on its sovereignty rights, financial commitments on 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. The word "agreements" was removed because depending on its rank, it does not reach the level where it is ratified by the King. 11- In Article 42, the phrase "not holding a nationality of another state" was added after "No person shall be appointed a minister unless he/she is a Jordanian". That is to make sure that people in power are only loyal to their homeland and to prevent any conflict of interest. 12- The phrase "or by any other legislation" was removed from Article 45 to emphasize the Council of Ministers' general mandate over all state affairs and prohibit delegating any of these powers or responsibilities by virtue of a regular law to any other party, and keep the matter within the Constitution due to the importance of restricting the general jurisdiction over state affairs to the Council of Ministers and to prevent any abuse of law or loose wording of laws in a way that might compromise the principle of Cabinet's general mandate. It is also aimed at ensuring the determination of responsibilities and the scope of accountability in the event of violations. All matters related to state affairs must be linked directly to those parties concerned as stipulated in the Constitution for which they are held accountable and in order to prevent any other department or institution from infringing on the authorities of the party that has the principal mandate as authorized by the Constitution through explicit provisions. 13- Article 50: This article was re-phrased by adding "or death" with regards to the Prime Minister due to the similarity in nature and to prevent any confusion in such an occurrence. Also, the phrase "[having automatically] been dismissed from their offices" was removed, keeping the word "resigned", which is more legally accurate and realistic. 14- Article 54: 1. The last sentence in Paragraph 3 " the Speech from the Throne shall be considered to be a statement of its policy for the purposes of this Article"

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was removed and replaced by Paragraph 4, which reads: If the Chamber of Deputies is not in session, it will be summoned to convene in an extraordinary session, during which the government has to present a statement of its policy and request a vote of confidence on the basis of the said statement within one month of its convening This is compatible with the genuine democratic approach, which requires the government to present its policy statement that represents its own program and approach, on the basis of which it seeks a vote of confidence within a month, instead of taking the easy way and hide behind the Speech from the Throne. To win House confidence, as the case is with established democracies, the government must articulate its program and political vision for purposes of confidence on the one hand, and parliamentary monitoring and accountability, on the other. 2. A fifth paragraph was added as follows: If the Chamber of Deputies is dissolved, the government has to present a statement of its policy and request a vote of confidence on the basis of the said statement within one month of the convening of the new Chamber. This amendment has the same mandating reasons of Paragraph 4. 15- Article 55: This article has been amended and a new provision introduced to address the issue of trying ministers in a way that is firmly consistent with democratic traditions and to prevent abuse of laws during implementation. A new authority is suggested to be in charge of trying ministers, enabling the judiciary to carry out the job in a direct and uncomplicated manner. The article reads: "Ministers shall be tried for crimes attributed to them resulting from the performance of their duties before the Court of Appeal in the capital. These cases are heard by a panel of five judges appointed by the Judicial Council. Decisions of the Court shall be taken by a majority vote." With this, things are back to normal and the judiciary has restored its power, which means that there are no more exceptions from the rule of overall judicial jurisdiction. Ministers will have sufficient guarantees, but they will receive no preferential treatment that necessitates special arrangements as they are citizens and should be tried before regular courts for violations attributed to them in accordance with the basic principles of justice and equality before the law. 16- Article 56: This article was replaced with a new text to govern referral of cases to the attorney general. The article now reads:

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"The Chamber of Deputies is entitled to refer ministers to the Attorney General, stating the reasons justifying such a referral. The referrals decision should be issued by a majority of the members of the Chamber". The proposed text regulates the new situation and at the same time ensures ministers the necessary guarantee by setting the approval of a two-thirds majority of the Chamber of Deputies as a condition, which creates balance between monitoring and accountability and ensures that such a constitutional power is not abused, without compromising the legislative power's right of monitoring. 17- Article 57: A substantial change has been made to this article as result of the amendment made to the trial of ministers. The original text was cancelled and replaced with the following:
1- The Court of Appeal shall apply the provisions of the Penal Code in force in respect of crimes specified therein. A special law shall specify the crimes for which ministers shall be responsible in cases where such offences are not covered by the Penal Code. 2- A minister who is accused by the Attorney General shall not be suspended from office except after a final ruling of his/her conviction is issued. His/her resignation shall not prevent the institution of criminal proceedings against him/her, or the continuance of his/her trial.

This is necessitated by the new provisions governing trial of ministers, with ensuring the necessary guarantees in terms of applying the provisions of the law and principles of justice and rule of law on the one hand, and to provide guarantees to prevent abuse of these provisions and ensure respect for the principles of justice and fairness on the other.

Chapter Five: The Constitutional Court

18- Article 58: Under this article and the following Articles 59 and 60, the establishment of a constitutional court is stipulated. Article 58 consists of two paragraphs as follows: 1- A constitutional court shall be established by a law in the Hashemite Kingdom of Jordan based in Amman. It will be an independent and separate judicial body, and shall consist of nine members, including the president, appointed by the King. The quorum of Courts sessions will be present when seven of its members at least including the president, and in his absence, his deputy presides the session. The rulings and decisions of the Court are issued by the majority of six members at least. 2- The term of membership in the Constitutional Court is four years, subject to renewal. The members of the Court shall not be dismissed during their membership. 12

19- Article 59: under this new two-paragraph article, the wording becomes as follows: 1- The Constitutional Court shall monitor the constitutionality of laws and regulations in force and issue its judgments in the name of the King. Its rulings are final and binding on all authorities and all. Its rulings will take effect immediately unless another date is specified by the ruling. The Constitutional Courts rulings will be published in the Official Gazette within fifteen days from the date of issuance. 2- The Constitutional Court has 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 an absolute majority. Such interpretations shall be effective upon publication in the Official Gazette. 20- Article 60: It reads as follows: Only the following authorities have the right to challenge the constitutionality of laws and regulations in force before the Constitutional Court: 1. Council of Ministers. 2. Senate. 3. Chamber of Deputies. 4. If a plea of unconstitutionality was raised before any court, it must refer it to the president of the Court of Appeal with which it is affiliated. The president of the Court of Appeal has the right to refer the matter to the Constitutional Court if deemed justified. 21- Article 61: After the amendment, it reads as follows: 1- The minimum age of the members of the Constitutional Court is fifty. The members are selected from among current or former judges of the Court of Cassation, current or retired law professors at universities or legal experts and specialists. 2- The law shall determine the manner in which the Court functions, how it is managed, how to appeal before it and all related matters, including its procedures, rulings and decisions. The Court shall begin its work after its relevant law comes into effect. The establishment of a constitutional court is an extremely significant juncture in the accelerating efforts to apply democracy in a manner ensuring consistency with the highest international criteria. It provides a critical, feasible mechanism that is binding on all parties, including the administration, state agencies, the three powers and all citizens in the sense that such a mechanism is prone to sustain the rule of law, lead to the adoption of the principle of legitimacy as the basis of the democratic state and preserve professional, social, spiritual and religious values. At the same time, it maintains a balance that is reflected in the protection of all forms of human rights and freedoms, keeping up with developments in the concepts of human rights protection, preventing the administration from abusing rights, and the

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exercise of all the citizens' rights stipulated in the Constitution and laws, including the freedom of speech and freedom of assembly, and ensuring that human dignity is protected and abuse of power and all practices condemned by human, international and national values are prevented. The issue of establishing a constitutional court has received considerable support in all the studies, letters, suggestions and legal opinions expressed by citizens of all walks of life and social strata and levels of education. The committee paid special attention to and went into a lengthy discussion of the issue. It conducted a study and discussed all the opinions and suggestions it received, regardless of how differing they were. It balanced between all these suggestions taking into consideration the subjective conditions and realities that make each society distinct from others in its political visions for reasons related to geographic, demographic, philosophical and historical considerations, starting from the inception of the state as a modern entity and ending with establishing an efficient democratic life. In the final analysis, the constitutional court is the best mechanism among all other alternatives available to solve or manage differences, respect pluralism, apply the principles of democracy, including the rule of law and equality before the law, achieve legitimacy, prevent monopoly power or infringement of a power on another, practice sound management of crises that face democratic performance, and set the principles and traditions that are prone to promote human dignity and freedoms and enable the individual to play his/her role at its best towards the homeland and the political system they have embraced.

Chapter Six The Chamber of Deputies

22- Article 67 has been amended by adding Paragraph (1) at the beginning: "The Chamber of Deputies shall consist of members elected by secret ballot in a general direct election and in accordance with the provisions of an Electoral Law which shall ensure the following matters and principles: 1. Establishing an Independent Commission to oversee elections. 2. The right of candidates to supervise the process of election. 3. The punishment of any person who may adversely influence the will of voters. 4. The integrity of the election process at all stages". This paragraph was added as experience has proved there is a need for setting up an independent commission to oversee elections, away from the influence of any party, so as to ensure more guarantees for fair and transparent elections without any interference. The suggestion was also made in response to the recommendations of the National Dialogue Committee and demands by 14

citizens and in order to provide the election process with all elements that are prone to ensure complete fairness and transparency under the rule of law. 23- Article 69: Paragraph 1 of this article was amended, extending the term of the Speaker of the elected Chamber of Deputies to two years instead of one year, starting the beginning of the ordinary session. Parliamentary experience has proved that the one-year term is not appropriate due to the confusion ensuing from the annual election of the Speaker, leading to adverse effects on efforts to reach a mature parliamentary experience and a legislature that performs its duties with efficiency and swiftness. 24- Article 70: It has been amended to lower the minimum age of candidacy for the Chamber of Deputies to 25 calendar years. The aim is to pave the way for young people to utilize their huge potential and empower them to play their political role in development and ensure their effective participation in developing political life. 25- Article 71: Some provisions of this article were amended to read: The Judiciary shall have the right to determine the validity of the election of the members of the Chamber of Deputies. Any voter shall have the right to present a petition to the Court of First Instance whose jurisdiction covers the electoral district of the deputy whose election validity is contested within fifteen days of the announcement of the results of the election in the Official Gazette. The petition shall include the legal grounds for invalidating the election of any deputy. The Courts panel examining such a petition shall be comprised of three judges. Its rulings shall be final and cannot be challenged by any method of appeal. Its rulings will be issued within thirty days from the date of filing of the petition. This amendment was meant to remove a source of complaining and criticism of the elections process and to respond to citizens' wish to revoke the Chambers power to look into contests filed against its members. The long experience and practice have proved the futility of such a formula and the need for a neutral judicial party to look into these contests. This is one of the most important amendments introduced. 27- Article 73: This article was amended by removing the fourth, fifth and sixth paragraphs, and keeping the first, second and third paragraphs. The Committee found that the need for such paragraphs does not exist anymore.

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28- Article 74: This article was amended to consist of two paragraphs (1 and 2). It is highly significant as it stipulates: 1. "If the Chamber of Deputies is dissolved for any reason, the new Chamber shall not be dissolved for the same reason. 2. The government, during whose term the Chamber of Deputies is dissolved, should resign within one week of the dissolution date". This amendment was also meant to achieve balance between the executive and legislative powers as dictated by democratic principles, because the government in such a case derived its legitimacy from the confidence granted by the Chamber of Deputies, which ceased to be, let alone that it agreed to the dissolution decision.

Part III Provisions Governing Both Houses

29- Article 75 It has been amended as follows: First: In paragraph (1), Item (b) the phrase " Who claims foreign nationality or protection' was replaced by a more accurate and clear phrase, because the concept of claiming a foreign nationality or protection does not exist any more and is not realistic. To avoid confusion or wrong interpretation, it became: (b) "Who holds a foreign nationality". Second: Items (g) and (h) were re-numbered to become (f) and (g), while the original Item (g) was replaced by Paragraph 2 in the amended version and the original Paragraph 2 was replaced by Paragraph 3. The new Paragraphs 2 and 3 have become: 2- Each member of the Senate and Chamber of Deputies should refrain during his/her membership from contracting with the government, public legal persons, public companies, state-owned enterprises or other legal persons, or contribute thereto whether the contract is concluded in his/her capacity as entrepreneur, supplier or contractor and whether in person or through an intermediary. 3- Should any Senator or Deputy become disqualified according to paragraph 1 of this Article during the term of office or should it appear after election that he/she lacks one or more of the qualifications or contravenes paragraph 2 of 16

this Article, his/her membership shall, by a resolution of two-thirds of the members of the Senate or Chamber of Deputies, be revoked and his/her seat declared vacant, provided that such a resolution, if passed by the Senate, is submitted to the King for ratification. It is obvious that the amendment to the Article's paragraphs and items was meant to provide members of both Houses with guarantees and warn them against falling in a conflict of interest, which might have grave consequences. 30- Article 78: Paragraph 3 of this article was amended to extend the ordinary session of Parliament to six months instead of four. The amendment came in response to the need to raise the efficiency and swiftness of the legislation process. The last line was rephrased to include the phrase "the six months" instead of the "four months" in line with the same amendment. 31- Article 84: Paragraph 1 of this article was amended as follows: 1- No meeting of either House shall be considered duly constituted unless attended by the absolute majority of members of either House, and shall continue to be valid as long as this majority of the members of either House is present. 32- Article 88: It was amended by removing the last part to become: When a seat becomes vacant in the Senate or in the Chamber of Deputies by death or resignation or for any other reason, it shall be filled by appointment in the case of a Senator and by the holding of a by-election in the case of a deputy within a period of two months from the date on which the Government is notified of the vacancy by the House. The term of the new member shall be for the remaining part of the term of his predecessor. 33- Article 89: Paragraph 1 of this article was amended by adding the Article (29) to the paragraph. 34- Article 94 An important amendment was made to this Article. Paragraph 1 thereof reads: 1- In cases where the National Assembly is not sitting or is dissolved, the Council of Ministers has, with the approval of the King, the power to issue provisional laws to face the following emergencies: A- General disasters. B- State of war and emergencies.

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C- The need for urgent expenditures incapable of postponement. The rest of the paragraph remained unchanged. This is an extremely significant amendment. It will prevent to a great extent infringement of the executive power on the legislative power and deprives the former from ability to resort to provisional laws without strictly observing the restrictions provided for in the amendment. It is hoped that such an amendment would eradicate once and for all the trend towards issuing provisional laws by the executive power without clear controls or compliance with the strict constitutional restrictions.

Chapter Seven The Judicial Power

35- Article 98: This article was amended to consist of two paragraphs. The new Paragraph 2 reads: "A Judicial Council shall be established by a law. It will be responsible for matters related to civil courts and shall have the sole right to appoint civil judges. The law shall explain the Councils powers in matters relating to the career of judges." This paragraph explicitly stipulates the establishment of a Judicial Council by virtue of a constitutional provision that was not existent before. The provision defines the authorities of the council and stipulates that it has the exclusive power to appoint judges of civil courts without any interference by any other authority or party, and therefore, it consolidates the independence of the judiciary to a great extent without the need for opinions or interpretation. 36 - Article 100: An important amendment was made to this article, to which the following phrase was added: "whose law shall state that the administrative judiciary should be at two levels". This constitutes a new development in the judicial field and justice as it ensures individuals the right to appeal decisions of courts through a two-level litigation system. The provision stipulates that administrative courts also apply the two levels of litigation to ensure maximum justice and meet international criteria. 37- Article 101: This article saw one of the most important amendments, as it stipulates that civilians shall not be tried in a criminal case before by a court all of whose 18

judges are not civilians, with the exception of crimes of high treason, espionage and terrorism. Therefore, civilians cannot be tried except by a court all of whose judges are civilians. Paragraph 2 of the article was amended accordingly. A new paragraph (3) was added to the article. It reads: 1- "Courts hearings shall be public unless the court decides that they should be secret in the interest of public order or morals. In all cases, the verdict shall be pronounced during a public session". Another addition was Paragraph 4, which provides for a basic international and human principle: "The accused is innocent until proven guilty." 38- Article 109: It was amended by adding Paragraph 2. Many have demanded such an amendment. It reads: Such laws shall determine the procedures to be followed by the Tribunals of the Religious Communities in the trials they hold and the requirements of appointing their judges. 39- Article 110: It was amended by adding a new paragraph (2), which reads: 1- "A State Security Court shall be established. Its jurisdiction is limited to high treason, espionage and terrorism". This provision limits the crimes seen by the State Security Court. It is obvious that laws related to the establishment of this court should abide by the exclusive jurisdiction defined in the Constitution in the sense that no additions are allowed. 40- Article 112 Paragraph 1 of this article was amended by adding "and budgets of independent institutions" so that all state agencies, including those financially and administratively independent are subject to the provisions of the state budget law. 40- Article 119: Paragraph 1 of this article was amended by adding "the Senate", which will, too, receive the Audit Bureau's report in addition to the Chamber of Deputies. Also, the phrase "any of the two Chambers demands" was added.

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Chapter Nine: General Provisions

41. Article 122: A very important amendment was made to this article based on the changes to authorities and the previous articles. It consists of three paragraphs, the third of which is the most important, as follows: 1- A High Tribunal shall be is composed 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. 2- The High Tribunal 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. 3- (New paragraph) Article (122) of this Constitution shall be deemed void once the Constitutional Courts law comes into effect. It is clear that such an amendment abolishes the High Tribunal for the Interpretation of the Constitution, which is replaced by the Constitutional Court. This is a critically important development in the constitutional context of the democratic process that has multiple dimensions and effects. In fact, the existence and composition of the High Tribunal for the Interpretation of the Constitution was subject to continuous criticism from several viewpoints. This provision shall end its existence as soon as the Constitutional Court Law comes into effect. 42- Article 128: This article has also been amended in a way that it acquires a special importance and long-term significance. It has extremely significant effects and would decisively foster the principle of separation between the powers and preventing the infringement of the executive power on the legislative power. It is prone to further protect the citizens and their freedoms. Paragraph 1 of the amended version is a new addition, while the original Paragraph 1 was re-numbered to become Paragraph 2. Paragraph 1 in the new proposed version is the more important. It reads: 1. The laws issued by virtue of this Constitution to regulate the rights and freedoms shall not impair the substance of these rights or affect their fundamentals.

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In fact, the introduction of this provision is a guarantee to preserve the freedoms and rights of citizens stipulated in the Constitution and a shield that repels all attempts by the executive power to include in the laws it drafts any provisions that might undermine any of the rights and freedoms guaranteed by the Constitution or compromise any of the guarantees the Constitution provides regarding human rights protection and safeguarding human dignity and rights against any violation and under any pretext, even if such infringement comes in the form of a law. This provision is a true embodiment of the political will to make real change and improve legislative practices by competent authorities. It was meant to block any practice of authoritarian legislation or that which would take away from people the rights they are entitled to enjoy as humans. It was also meant to provide real protection of freedom in real life practice and serve as a guarantee to safeguard human rights.

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Appendixes 1. The amendments made to the 1952 Constitution 2. A table listing the recommendations and amendments proposed by the Royal committee for reviewing the Constitution 3. A letter of acknowledgement to all who sent suggestions, contributions and studies to the committee.

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