Constitutional Framework of Administrative Decentralization and its Impact on the Jordanian Decentralization Law: A Comparative Study
Dr. Ali Mohamad Al Dabbas
Assistant Professor of Public Law
Faculty of Law – University of Petra – Jordan
Abstract:
This study has addressed the role of the Jordanian Constitution provisions in adopting an effective local administrative decentralization system. This study’s importance emanates from the role that the local administrative decentralization plays in the comprehensive development at both the state level and the local units’ level in addition to its role in enhancing the democratic approach and the good governance of the public administration.
This study has aimed to examine the role that the constitutional provisions play in order to reach a legislative environment that supports the adoption of an effective local administrative decentralization system that would enhance local development channels on the provinces level.
This subject has been examined through studying the provisions of the Jordanian Constitution in comparison with a number of constitutions and international best practices. This study has mainly highlighted the constitutional guarantees for establishing local administrative units and the constitutional guarantees for local administrative units’ efficiency.
This study has concluded that article 121 of the Constitution has established the constitutional base for setting up units for administration in Jordan. Yet, it can be said that such an article has been succinct in a way that lead to the emergence of shortages. This shortage can be attributed to the fact that this article did not mention similar criteria as to that mentioned in other constitutions. Furthermore, this study has reached several recommendations, which included: reconsidering related constitutional provisions and inserting a special chapter devoted to units of local administration and which includes articles that would address the main rules that other constitutions have addressed.
Keywords: local administrative; establishment of local councils, local administration units’ competences; administrative guardianship.