The Constitution of The Hashemite Kingdom of Jordan January 1, 1952
CHAPTER THREE Powers: General Provisions
Article 24 (i) The Nation is the source of all powers.
(ii) The Nation shall exercise its powers in the manner prescribed by the present Constitution.
Article 25 The Legislative Power shall be vested in the National Assembly and the King. The National Assembly shall consist of a Senate and a Chamber of Deputies.
Article 26 The Executive Power shall be vested in the King, who shall exercise his powers through his Ministers in accordance with the provisions of the present Constitution.
CHAPTER FOUR The Executive Power
Part I The King and His Prerogatives
Article 28 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 29 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 30 The King is the Head of the State and is immune from any liability and responsibility.
Article 31 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 32 The King is the Supreme Commander of the Land, Naval and Air Forces.
Article 33 (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 34 (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 35 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 36 The King appoints members of the Senate and appoints the Speaker from amongst them and accepts their resignation.
Article 37 (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 38 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 39 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 40 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.
Article 124 In the event of an emergency necessitating the defence of the Kingdom, a law, which shall be known as the Defence Law, shall be enacted giving power to the person specified therein to take such actions and measures as may be necessary, including the suspension of the operation of the ordinary laws of the State, with a view to ensuring the defence of the Kingdom. The Defence Law shall come into force upon its proclamation by a Royal Decree to be issued on the basis of a decision of the Council of Ministers.
Article 125 (i) In the event of an emergency of such a serious nature that action under the preceding Article of the present Constitution will be considered insufficient for the defence of the Kingdom, the King may by a Royal Decree, based on a decision of the Council of Ministers, declare martial law in the whole or any part of the Kingdom.
(ii) When martial law is declared, the King may by a decree issue such orders as may be necessary for the defence of the Kingdom, notwithstanding the provisions of any law in force. Persons charged with the implementation of such orders shall continue to be subject to legal liability for all acts committed by them under the provisions of any such laws until they are relieved of such responsibility by a special law to enacted for the purpose.