Dr. Awad Rajab Al-laymun
Associate Professor of Constitutional Law
Faculty of Law – University of Jordan
Dr. Jehan Khaled Al Zubi
Assistant Professor – Faculty of Law
Al-Balqa Applied University – Jordan

Abstract:

The current study aims at identifying the role of the parliament in assigning presidential authority to the Head of State – an applied study on the Jordanian and Kuwaiti constitutional system in spite of that such authority is a lifelong absolute monarchy. Thus, in contrast to the Arab monarchies, the constitutional legislator of both regimes has been given a limited and significant role in some issues relating to the assignment of authority.
This role has emerged in a clear and consistent manner between the two constitutions under study in the case of isolating the king or the Amir in the case of mental illness or health disability, and the constitutional problems raised in terms of nature and seriousness of the disease, and during which stage of such disease dismissal can be carried out, in addition to the case of taking oath before the parliament.
The Kuwaiti constitution has been distinguished from the Jordanian constitution with regard to granting the Kuwaiti constitutional legislator an important role in appointing the Crown Prince on the recommendation of the Amir, unlike the Crown Prince in the Jordanian Constitution, who shall be appointed according to the King’s exclusive disposal in accordance with the provisions of the second paragraph of Article (40) of the Jordanian Constitution.
In the same vein, the Jordanian constitutional legislator highlighted the role of the parliament in the matter of the king’s absence for more than four months, in addition to the absence of a heir for King Hussein Bin Ali according to the provisions of Article (c) of Article (28) of the Constitution, contrary to the Kuwaiti constitutional legislator who did not address these issues.
The current study concluded a series of results and recommendations, most notably that the Kuwaiti legislator has addressed the issue of Amir’s health disability more inclusively than the Jordanian constitutional legislator regarding the comprehensiveness of the concept of disability, which includes physical and mental disability. The most important recommendations of the study were that paragraphs (h, i) of the Jordanian constitution to be integrated (merged) to become as one provision dealing with temporary and permanent disability, with the order of impact resulting from them. Also, the Kuwaiti Constitutional legislator shall stipulate that the Crown Prince should not be re-nominated if the parliament refuses to nominate him.

Keywords: monarchy system, partrimonial system, king, prince, cemoving the head of state.

Read Full PDF Text (Arabic)