The Jordanian political system is based on the separation of powers
(Legislative, Executive, and Judiciary).The Jordanian parliament consist of
two houses, the house of senate (75 members appointed by the king), the
house of representatives (150 members elected by people).
The government is responsible to the lower house, The Legislative power has
the right to monitor the performance of executive power and hold it
accountable. Yet, the executive authority has the right to propose draft laws
and to issue provisional laws in certain cases.
- The relation between the legislative and executive authorities
according to the constitution and House bylaw.
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Relations between powers in jordan
1. The relation between the legislative and executive powers in
the Jordanian political system
By: Thaker Alzghool
The Jordanian political system is based on the separation of powers
(Legislative, Executive, and Judiciary).The Jordanian parliament consist of
two houses, the house of senate (75 members appointed by the king), the
house of representatives (150 members elected by people).
The government is responsible to the lower house, The Legislative power has
the right to monitor the performance of executive power and hold it
accountable. Yet, the executive authority has the right to propose draft laws
and to issue provisional laws in certain cases.
- The relation between the legislative and executive authorities
according to the constitution and House bylaw.
The Jordanian constitution specified the relations between the two powers,
which can be summarized as follow:
• The governments' powers relating to the lower house.
1- The government has the right to draft laws and refer them to the
parliament which has the right to accept, amend or reject them.
2- When the parliament is dissolved, the government can issue
provisional laws in the cases of general disasters, State of war
or emergency, or the need for urgent expenditures. But the
government is obligated to place the provisional law before the
parliament in the first sitting and it may approve, amend or reject
it.
3- The government has the right to request the senate council and
house of deputies to jointly meet.
4- Members of the senate and House of Representatives - during
the terms of membership- are banned from contracting with
government, public official corporations, companies owned or
dominated by government.
2. • The parliament powers relating to government.
1- The government is obliged to place its ministerial statement to
the House of Representatives and request the vote of
confidence.
2- Motion of no confidence: if the house decided a vote of no
confidence of the government by absolute majority, it should
resign.
3- Approving budget law.
4- The house of representatives has the right to refer ministers to
attorney general with justifying reasons.
• The parliament's Oversight tools.
1- Standing committees: besides the legislative function as essential role
of the standing committees, they also can do oversight role over
government in accordance with the specialization of each committee.
The house forms standing committees at the beginning of every
ordinary session.
2- Temporary committees: the house bylaw allowed the house to form
temporary committees for a specific entrusted function. The term of
committee ends with the termination of the function.
3- Questions: a parliamentary question is one of the oversight or control
tools. Each representative has the right to address a question to the
government at any time.
4- Interpellations: Interpellations comprise a main role among the roles
assigned to the Lower House; that is the oversight role in accordance
with its Bylaw, one of the main Parliamentary monitoring and
accountability functions that enable the Representative to do his
oversight role.
5- Meetings of General Debates: The lower house Bylaw defines a
general debate as, “exchange of opinion and advice between the
House and the Government”, it permits ten members or more to submit
3. an application to discuss any issue or a public matter,” and it allows the
Government to request a “general debate.”
6- Proposal with an Intention: The bylaw of the lower house defines a
proposal with an intention as, “inviting the government to do any action
of importance within its mandate.” it requires the Lower House member
to submit the proposal with an intention in written to the Lower House
Speaker who must refer it to the competent committee.
7- Petitions and complaints: the Constitution stipulates, “every Jordanian
shall have the right to submit a petition to the Lower House related to
public affairs or in relation with personal matters.”
- Towards enhanced relations between the legislative and
executive authorities.
During the second ordinary session, the house achieved improvement in
terms of its oversight and legislative role, in 2015 budget law, the finance
committee achieved unprecedented move when it reduced 220 million from
the deficit by reducing expenditures. The committee made 37 suggested
amendments to the draft budget law, but the government did not respond
completely to the committee's amendments.
The legal and public freedoms joint committee looked at proposals from
Jordanian parties, civil society organizations, and activists on the political
parties draft law. Also, the joint legal and administrative committee held
meetings with former statesmen, CSOs, mayors, governors to listen to their
opinions on decentralization and municipality draft law.
According to reports, the committee on work and social development held a
session in the presence of the General Director of the Social Security Fund,
representatives of the Audit Bureau, and a number of stakeholders with
interests in the Social Security Law. Together, they discussed a number of
complaints that had been presented to the committee.
However, enhancing the public policies requires strong and unified
parliamentary blocs, so that they can perform effective legislative and
oversight role on the government. although the blocs statements focused on
4. reducing corruption, decentralization and supporting women's inclusion during
voting on the 2015 budget draft law, but with exception of "Amubadara bloc",
which all its members voted according to the bloc's stance, other blocs had
low level of member adherence to the bloc's stance ranged from 7% to 42%,
according to "RASED report for monitoring elected council".
The report on "analyzing issues relating to 2015 budget", which was prepared
by "strengthening the administrative and institutional capacity of CoD project",
recommended the necessity to include the parliament during preparing the
budget by the government. The financial minister should meet with
parliamentarians and listen to their suggestions in order to focus on the main
issues while preparing the budget. Also the government should attach with the
budget draft a report on "gender budget". This can contribute to increase the
capacity of MPs on focusing on government's policies regarding to women
and producing recommendations to improve women situation.
Recommendations:
The conclusions of the workshops and reports of "strengthening the
administrative and institutional capacity of CoD" project revealed
recommendations on enhancing the relations between the legislative and
executive authority, as follow:
1- Enhancing the principle of respect and equilibrium between authorities.
2- Enhancing exchange of information and cooperation between the
government and the parliament on drafting laws.
3- Strengthening the parliament's power in following up the
implementation of policies by government.
4- Activating and strengthening the parliamentary blocs.
5- Activating interactions between MPs and citizens in their constituents
during the budget preparation phase to discuss the developmental
projects needed in their areas.
6- Preparing a "parliamentary guide on budget" that assists MPs to
discuss and evaluate the general budget.
5. 7- Adopting mechanisms to follow up questions, debate meetings and
interpellations of representatives in order to yield satisfactory answers
by government, and thus, enhance its oversight role.