Prof. Laith Kamal Nasrawin
Professor of Constitutional Law – Faculty of law – University of Jordan

Abstract:

This study aims to identify the most prominent legal rules for combating the Coronavirus, which lead to the declaration of a case of emergency in the Jordanian legal system. This study shall provide a critical analysis of the legal system for dealing with this pandemic, which is represented by the Defense Law No. 13 of 1992, and defense orders issued pursuant to it. These set of rules shall be examined against its relationship with the provisions of the Constitution, the nature of the exceptional authorities established for the Prime Minister under the Defense Law and the judicial review of such powers.
This study also contributes to clarifying the legal repercussion of activating the defense law on contractual obligations, as well as the legal consequences of declaring a state of emergency under international human rights law, which Jordan should have taken into account when activating the defense law.
This study concludes that the relevant Jordanian set of laws should be reviewed for the purpose of ensuring its effectiveness in facing any future emergency situations.

Keywords: Jordanian constitution, defense Law, defense orders, judicial review of defense orders, force Majeure.

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