Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Legal System for Declaring a State of Emergency in the Jordan Constitution

Author(s): Awad Rajab Allaymoon

This study examined one of the applications of the necessity theory in the Jordanian constitution of 1952, which relates to declaring the state of emergency and martial law in accordance with the provisions of Articles 124, 125 of the constitution. The applying of this exceptional legal system is resorted to in the event that the state is exposed to a great risk that cannot be prevented by ordinary legal means. While declaring the implementation of the Defense and martial laws are considered acts of sovereignty, but the measures taken according to them are subject to control by the administrative judiciary in the event that they exceed the limits of legal legitimacy. The study recommends that the legislator should amend Articles (124, 125) to be in one article with two paragraphs, with the necessity of subjecting their imposition to the supervision of the House of Representatives in terms of their implementation and extension.

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