Ammon News - The Lower House of Parliament’s Legal Committee on Sunday endorsed a set of amendments to the Constitution, namely a provision introducing a national security council.
Head of the Legal Committee Abdul Monem Odat told reporters that the committee decided to amend the draft proposed by the government by removing the article that originally stipulated that His Majesty the King be the head of the council because His Majesty is the Head of the State and head of the executive branch of the government.
Moreover, Odat added that the committee also changed the title of the council from "The National Security and Foreign Policy Council" to "The National Security Council" which shall meet on as-needed basis and at the invitation of His Majesty the King.
The Council, with such a legal entity, is present in most countries, especially democratic ones, and its purpose is to ensure that crises or issues affecting state security are addressed, and timely decisions are taken, the head of the committee explained.
Odat referred to Article 45 of the Constitution which stipulates that "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, under the Constitution or by any other legislation to any other person or body".
Thus, Odat explained, the establishment of this council conforms to the intended meaning of this article, indicating that the council will be subject to the oversight of the legislative authority and will be accountable before it.
Speaking about the relevance of establishing the council, Odat said that this council would provide a unified authority that meets when it comes to higher affairs and interests related to security, defense and foreign policy.
He added that the Council, "with such a high position of responsibility", must have a constitutional basis, which gives it the powers to make decisions in extraordinary circumstances, so that its decisions are legitimate and enforceable when necessary.
Regarding the title of Chapter Two of the Constitution "Rights and Duties of Jordanians," Odat revealed that the Legal Committee approved the draft amendment proposed by the government by adding the phrase "Jordanian women" after the word "Jordanians" in the original title, so the new title would read "...Jordanian men and women".
He explained that the reasons that necessitated this amendment, along with other amendments related to women, youth and people with disabilities, were aimed at empowering these groups and enhancing their role and status in society.
"Originally, the word "Jordanians" meant everyone, men and women. But this specification aims to emphasize the law’s protection of these social segments and to maximize their active role in building society, and their full integration in accordance with the principles of rights and duties, social justice, and equal opportunities", Odat noted.
The Legal Committee also approved amendments to Article (40) of the Constitution after striking out paragraph "J" related to the appointment of two members of the National Security Council and included it in Article (28) of the amended draft (122) of the Constitution. This article, according to Odat, relates to the exercise by His Majesty the King of his powers to appoint the Chief Justice, the Head of the Sharia Judicial Council, the Grand Mufti, the Head of the Royal Hashemite Court, the Minister of Court and the King’s advisors.
According to Odat, these amendments do not grant new powers to His Majesty the King, but rather are original powers, explaining that the aim of the amendment is to show how these powers are exercised and to maintain the impartiality of these sensitive positions away from any political or partisan considerations.
He revealed that the committee also approved amendments that propose that the term of the Speaker of the Lower House of Parliament be one year instead of two years, as is the case now.
Odat indicated that the committee also passed a new text in the Constitution that allows members of the Lower House of Parliament to dismiss the Speaker in the event of his/her inability to carry out his/her duties.
The committee also approved an amendment requiring any request for a vote of confidence in the government to have the approval of a quarter of the House's members to move forward instead of the 10 members now, Odat pointed out.
As for the amendments related to the Constitutional Court, Odat revealed that the Legal Committee approved some proposed amendments, including granting the Senate or the Lower House of Parliament, with the approval of no less than a quarter of the members of either of them, the power to directly challenge the constitutionality of laws and regulations in force with the Constitutional Court. Prior to the amendment, such an appeal would have required the approval of a majority of the members of either chamber.
With regard to requests for interpretation of the Constitution, Odat said that the committee decided that such requests should remain subject to the decision of the majority of members of either chamber of parliament.
He explained that the committee had decided that a trial court would have the right to refer any plea of unconstitutionality directly to the Constitutional Court if it found that there was seriousness in the argument raised before it, instead of referring it to the Court of Cassation for assessment.
The amendment also included the conditions for membership in the Constitutional Court by granting the decision maker the power to choose a number of specialists who meet the conditions for membership in the Senate.
As for the Independent Election Commission, Odat revealed that new powers have been granted to the commission, specifically looking into requests for establishing political parties and following up on their affairs, instead of the Ministry of Political Development and Parliamentary Affairs, to ensure impartiality and independence.
comment replay 