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The Constitutionality of the Jordanian Law of Election to the House of Deputies of 2010

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Abstract This article examines the constitutionality of the Law of Election to the Jordanian House of Deputies No. (9) for 2010. This law was introduced as a Provisional Law by the Executive, owing to the absence of legislative authority. The power of the Executive to decree provisional laws is constitutionally recognised; nevertheless, specific conditions in Article 94 of the Jordanian Constitution still apply. The Provisional Law of Election raises concerns regarding its adherence to the provision of Article 94, which makes its compliance with the Constitution questionable. Therefore, this article examines to what extent the conditions of Article 94 apply to the new Law of Election so that, in the event that one or more of the conditions are missing, the law should be deemed unconstitutional. This article concludes that the condition of ‘a state of necessity’ is not applicable, and, as such, the new Law of Election could be classified as unconstitutional.

Affiliations: 1: School of Law University of Jordan Amman 11942 Jordan

10.1163/157302512X628341
/content/journals/10.1163/157302512x628341
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/content/journals/10.1163/157302512x628341
2012-01-01
2016-08-24

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