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Check on Foreign Debt Agreements in the Jordanian Legal System

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The system of checks and balances, adopted by the Jordanian Constitution is highlyweakened by the High Tribunal’s interpretation of Article 33 (addressing internationalrelations) in Decision number 1/1962; especially regarding foreign debt agreements,where such agreements, entered into by the Executive Power, are, almost always,excluded from the approval of the National Assembly.Unfortunately, the 2011 Constitutional Reform missed a golden opportunity toamend this Article; therefore, the alternative would be for the Constitutional Court,the successor of the High Tribunal, to present a different approach, especially sincethe authorities supporting the Tribunal’s decision can be revised to present a differentinterpretation that allows a better check over foreign debt, which has been risingrecently to alarming levels.The best candidate to initiate this change is the National Assembly, especially theChamber of Deputies, either by submitting a request to the Court to this effect, or bycarrying a legislative reform amending the Public Debt Management Law from the oneside and, from the other side, drafting a law for the check over the Executive Power’s rolein conducting external agreements in general, and foreign debt agreements, in particular;a law that balances the relations between the two Powers, regarding their financialfunctions, and enhances the democratization of the Jordanian System.

10.1163/9789004283688_005
/content/journals/10.1163/9789004283688_005
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/content/journals/10.1163/9789004283688_005
2013-01-31
2018-10-21

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