Gov’t has tight six weeks to meet key constitutional requirement

AMMAN — The deadline for amending laws to be compatible with the new version of the Constitution is approaching, while the government is yet to submit to the Lower House at least one key law, officials and legislators said on Saturday.

According to Article 128 (ii) of the Constitution, amended in 2011: “All laws, regulations and other legislative acts in force in the Hashemite Kingdom of Jordan on the date on which this Constitution comes into force shall continue to be in force until they are repealed or amended by the legislation issued there under within a maximum of three years.”

Minister of Political and Parliamentary Affairs Khaled Kalaldeh confirmed that the deadline for amending all the laws in question is
April 20, noting that laws of highest urgency have already been amended in line with the Constitution, including the State Security Law and the Anti-Torture Law.

He also noted that the proposed amendments to the Anti-Terrorism Law were referred to the Lower House of Parliament, pending endorsement.

The proposed amendments to the law entail an expanded definition of terrorism and those who are tagged as terrorists.

According to the proposed modifications, those who join, attempt to join, fight with or finance armed groups outside Jordan are considered terrorists.

However, according to MP Abdul Munem Odat, head of the Lower House Legal Committee, the House is still waiting to receive an amendment to the Judiciary Law.

Citing the Constitution, he said the administrative litigation should be at two levels; thus the said law should be amended to establish a higher administrative court.

He explained that currently if someone wants to appeal the ruling of the Higher Court of Justice, which looks into cases filed against state agencies, he/she cannot go to another court because the HCJ is the highest administrative court. 

According to Article 100 of the Constitution: “The establishment of the various courts, their categories, their divisions, their jurisdiction and their administration shall be by virtue of a special law, provided that such a law provides for the establishment of an administrative judiciary that should be at two levels.”

Meanwhile, Senator Muhannad Azzeh, member of the Senate’s Legal Committee said if laws that contradict the Constitution are left without amendment before the deadline, this will be in violation of the Constitution.

He argued that there is another law that should be amended in line with the Constitution, which is the Crime Prevention Law.

The controversial law authorises administrative detention upon orders from Interior Ministry’s provincial governors and administrators of provincial subdivisions. The 1954 law allows the detention of anyone who is “about to commit a crime or to assist in its commission”. Such powers have allowed the arrest of people for being caught in what law enforcers deem “suspicious situations”.