Constitutional Reforms in Jordan after the Arab Spring
Dr. Laith K. Nasrawin
Associate Professor – Public Law – School of Law – The University of Jordan
Abstract:
This study aims at addressing the constitutional reforms that took place in Jordan in the light of the Arab Spring, both the internal and external political circumstances surrounding the state of Jordan, which urged the conduct of a comprehensive review of the provisions of the Constitution in 2011. It also sheds the light on the motives and justifications behind the decision taken to hold a constitutional amendment, and determine the roles played by political parties and other interested sides in the process of amending the Constitution, the scope of their participation, and their satisfaction of the constitutional amendments.
This study also focuses on the nature of the constitutional amendments of 2011 with regard to their nature, and their impact on the Jordanian political and constitutional system in terms of maintaining the principle of separation of powers, and reducing the dominance of the Executive over the legislative branch.
The study also identifies the constitutional amendments relating to the judiciary, which aims at strengthening its independence through the establishment of a statutory Judicial Council, and through the establishment of a Constitutional Court to oversight the constitutionality of laws and regulations in force.
In the area of fundamental rights and freedoms, the constitutional amendments of 2011 have had a positive impact of including new set of rights to the Constitution in accordance with the international human rights law and other international conventions and charters. The provisions of the Jordanian Constitution with respect to rights and freedoms have been compared with their counterparts constitutions issued after the Arab Spring. The constitutional reform in Jordan continued in 2014 and 2016 with limited effect amendments, which aimed at defining the relationship within the Executive authority between the King from one side and the prime ministers and ministers from the other.
Keywords: Arab Spring, Amending the Jordanian Constitution, Balance Between Authorities, Independence of the Judiciary, Enforcement of the Constitutional Amendments.