Parliamentary Life from 1946 to 1974
Political Environment
On March 22, 1946, a friendship treaty was signed between the Government of East Jordan and the British Government, resulting in the abolition of the mandate and the recognition of East Jordan's full independence as a sovereign state based on a parliamentary monarchy system. The Fifth Legislative Council convened in an extraordinary session on May 25, 1946, to declare Jordan a sovereign state and to pledge allegiance to Abdullah I bin Hussein as the constitutional king of the Hashemite Kingdom of Jordan.
Given these circumstances, Jordan required significant amendments to the 1928 Basic Law in 1946 due to the political, economic, and social transformations the country was experiencing, including independence and the transition from an emirate to a kingdom. Consequently, the 1928 Basic Law was abolished, and a new constitution was enacted on February 1, 1947. This was the first constitution to adopt a bicameral system, known as the The Parliament of Jordan, consisting of the Senate and the House of Deputies. The first Senate was formed on October 24, 1947.
Following the decision to partition Palestine and the subsequent 1948 war, Jordan moved towards unifying the two banks by conducting parliamentary elections on April 11, 1950, to include both banks. The first Senate was dissolved, and new members were appointed from both banks. The newly elected council then officially ratified the unification of the two banks on April 24, 1950.
As a result of these circumstances, Jordan issued a new constitution in 1952, which introduced the principle of national sovereignty as the source of power and adopted a flexible separation of powers based on cooperation and integration.
01Legislative Authority Under the 1947 Constitution
Composition of the Parliament of Jordan
The 1947 Constitution marked a turning point in Jordanian parliamentary system by adopting a bicameral system, called the Parliament of Jordan, consisting of the House of Deputies elected by the people and the Senate appointed by the king, with its membership not exceeding half the number of the House of Deputies. The House of Deputies had twenty members, and the Senate had ten members.
Presidency of the Parliament of Jordan
The constitution granted the king the authority to appoint the President of the Senate for a term of two years, renewable. The President of the House of Deputies was appointed by the king from among the elected members for a one-year term, also renewable.
Term of the Parliament of Jordan
The 1947 Constitution set the term for the elected House of Deputies at four years, while the Senate's term was set at eight years, with half of its members renewed every four years by election.
Meetings of the Parliament of Jordan
The Senate convened concurrently with the House of Deputies, with its sessions suspended when the House of Deputies was not in session. The House of Deputies held one regular session each year, lasting three months, with provisions for adjournment and extension according to the constitution and the House of Deputies' internal regulations.
Functions of the Parliament of Jordan:
Legislative Function:
The legislative powers of the Parliament of Jordan under the 1947 Constitution were limited to:
- Proposing bills submitted by members of the council based on the internal regulations of both the Senate and the House of Deputies for 1947.
- Approving bills received from the executive authority.
Oversight Function:
The 1947 Constitution granted the Parliament of Jordan the right to investigate any matter related to public administration. The Senate had the authority to pose questions and request discussions on matters of public administration according to the Senate's internal regulations issued in 1947, while the House of Deputies had the authority to pose questions, request discussions, and submit complaints and statements according to its internal regulations for 1947.
Despite these oversight powers, they remained limited and did not extend to the level of a vote of no confidence in the government.
Additionally, the 1947 Constitution did not grant the Parliament of Jordan the right to review, approve, or oversee international treaties and agreements, nor the oversight of concessions related to the exploitation of the country's natural resources.
02Legislative Authority Under the 1952 Constitution
Composition of the Parliament of Jordan
The 1952 Constitution reaffirmed the bicameral system, consisting of the Senate appointed by the king and the House of Deputies elected directly and secretly by the people.
Presidency of the Parliament of Jordan
The President of the Senate is appointed by the king for a term of two years, renewable. The House of Deputies elects its president for one year at the start of each regular session, and this person continues until the start of the following session, with re-election possible.
Term of the Parliament of Jordan
The term of the Senate is four years from the date specified in the royal decree, while the term of the House of Deputies is four years from the date of the announcement of the general election results in the official gazette.
Meetings of the Parliament of Jordan
The term of the House of Chiefs shall be four years from the date specified in the Royal Will, while the Chamber of Deputies shall be four years from the date of the announcement of the results of the general election in the Official Gazette.
Meetings of the Parliament of Jordan
The Senate's meetings coincide with those of the House of Deputies, and both chambers share the same session periods. If the House of Deputies is dissolved, the Senate's sessions are suspended. The House of Deputies holds several types of sessions:
- Regular Session: The House holds one regular session each calendar year, lasting four months starting from October 1, called by the king. The regular session can be adjourned or extended by royal decree under specific conditions defined by the constitution.
- Extraordinary Session: An extraordinary session is convened at the king's invitation or upon the request of the absolute majority of the House of Deputies, when necessary, with an unspecified duration for specific matters, including the discussion of laws and other significant issues. The legislative and oversight powers of the council during this session are limited to what is specified in the royal decree issued for this purpose.
- Non-Regular Session: A non-regular session is held if the House of Deputies is dissolved. New elections must be conducted so that the new council convenes in a non-regular session within four months of the dissolution date. This session is considered equivalent to a regular session according to the constitution and includes provisions for extension and adjournment. This non-regular session cannot extend beyond September 30 to allow the council to hold its first regular session in October. If the non-regular session is held in October or November, it is considered the first regular session of the House of Deputies under Article 73 of the constitution.
Functions of the Parliament of Jordan
Legislative Function
he legislative process involves three stages: drafting, discussing, and enacting laws. Parliament performs its legislative functions through two main roles: proposing bills and approving bills received from the executive authority. The Parliament 's authority is limited to accepting, rejecting, or amending bills.
Oversight Function
In addition to its primary legislative role, the Parliament has an oversight function, also known as parliamentary oversight, over the executive authority (government) regarding its performance of constitutionally assigned powers. The Prime Minister and ministers are jointly responsible to the Parliament for the state's general policy. The Parliament exercises its oversight functions through specific mechanisms defined by the Jordanian constitution to enable its members to monitor and scrutinize government programs. These mechanisms include:
- Vote of Confidence: A vote of confidence in the government or one of its members is held before the House of Deputies. If the House decides, by an absolute majority of its total members, that it does not have confidence in the government, the government must resign. If the lack of confidence is directed at a minister, that minister must resign.
- Investigation: This important oversight tool involves obtaining specific information through special committees formed by the Parliament members. Committees collect the necessary information regarding the subject in question to understand its truth.
- Request for Discussion: This allows for the examination of the truth and exchange of views on a particular issue with the government to uncover the facts or to understand the government’s policy on the matter. The government also has the right to request discussions with the Parliament to inform it about its policies on specific issues.
- Expression of Desire: This involves instructing the government to undertake a specific action or adopt a certain plan. It is the right of the Parliament of Jordan to oversee general state affairs and monitor government policies.
- Petitions and Complaints: Every Jordanian has the right to submit a petition to the Parliament concerning public matters or a complaint regarding personal issues.
- Questions: Questions are used to obtain information about unknown matters, seek clarification from the government regarding its intentions on certain issues, or draw attention to specific matters. Questions are a personal right of the questioner, whether they are a member of the House of Deputies or the Senate.
- Interrogation and Accusation: Interrogation involves holding ministers accountable for their actions in public affairs. Accusation refers to the House of Deputies accusing ministers, and a decision to accuse can only be made by a two-thirds majority of the House members. Accusations are presented before the High Council due to their importance.
In addition to its legislative and oversight functions, Parliament also has financial responsibilities, including approving the state budget law and overseeing tax imposition and concession contracts.