publish date 2021-11-19 20:52:13
The former Minister of Political Development, Dr. Nofan Al-Ajarmeh, revealed the constitutionality of the establishment of the National Security Council in Jordan, stressing that it is a government department of a constitutional nature, and it is one of the institutions that the world’s constitutions have known to create, as it performs an executive work that falls within the framework of the work of the executive authority, and its creation It achieves the highest Jordanian interest.
Al-Ajarmeh said, in a post on his Facebook page, this Friday evening, “I spent this day browsing a large number of the world’s constitutions to find out what or the content of the constitution, and I found that these constitutions unanimously agree on the existence of three main powers (legislative and executive). and judicial), but they differed clearly among themselves about the necessity of having a number of constitutional institutions in addition to these three main authorities.
He added, “The Indian constitution, for example, was the most extensive constitutions (395 articles), and the American constitution was the most short (7 articles), and the rest of the constitutions came in the middle, such as the French (89 articles), the Spanish (169 articles), and the Belgian (169 articles), which is the historical origin of the Jordanian constitution.” .
Al-Ajarmeh continued, “These constitutions included the establishment of constitutional institutions alongside the main authorities in the state, such as the offices of grievances and accountability, councils or centers concerned with human rights, as well as economic, social, religious, environmental matters, youth, competition, national security and other institutions whose existence the constitution enjoined embodying the values and principles on which the state is based. And the goals it seeks to achieve for the benefit of its people, as the necessary mechanisms to ensure the achievement of these goals.”
And he indicated that, with reference to the draft amendment to the Jordanian constitution for the year 2021, “we find that the project included the establishment of a council concerned with national security and defense as well as foreign policy, and this council is of a degree of importance and rises to the constitutional institutions that world constitutions have known to include in their constitutions.”
Al-Ajarmeh explained, “What was mentioned in the amended draft constitution did not go out of the way, and the National Security Council is a governmental department of a constitutional nature, and it is one of the nature of institutions that the world’s constitutions have known to provide for its creation. The Audit Bureau, the Constitutional Court and the Independent Election Commission, these institutions have been created.”
He added, that the National Security Council is a governmental department or government council that carries out executive work that falls within the framework of the work of the executive authority, and that its creation achieves a higher Jordanian interest, guarantees the security and stability of the state, and leads to the stability and stability of its security and defense policy as well as its foreign policy, so that it is a transient state policy. Governments are based on the supreme national interest, and they do not change with the change of persons, parties, or intellectual, philosophical or ideological orientations in times of peace and war.
Al-Ajarmeh pointed out a number of details related to the formation of the Security Council, as follows:
“1. Constitutional texts must be interpreted by looking at them as a single unit that complements each other, so that no text is interpreted in isolation from other texts, but its interpretation must be consistent with what establishes compatibility between them and distances them from conflict. An organic matter that makes its provisions a monolithic fabric, assuming that each text has a specific content that is independent of other texts and does not isolate them from each other. Consequently, constitutional texts may be interpreted in a way that distances them from the final intended purpose, and that they are not seen as floating in a vacuum, or as ideal values separate from their social environment. Therefore, it is not permissible for us to single out a special provision for the constitutional article in a way that isolates it from the rest of the provisions of the constitution.
2. The National Security Council – according to the draft amendment – convenes under the chairmanship of His Majesty the King, and the King is the head of state, and the executive authority is entrusted to him and is handled by his ministers in accordance with the provisions of Articles (26) and (30) of the Constitution.
3. The entire composition of the National Security Council consists of the executive authority (the Prime Minister, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Interior, the Army Commander, and the Director of General Intelligence). Therefore, this council is a government department and carries out executive work that falls within the scope of the tasks of the executive authority.
4. All the affairs of the National Security Council are organized under an independent system (a system issued by the Council of Ministers directly based on the provisions of the Constitution), and this confirms the nature of the executive work and the governmental nature of this Council from start to finish.
5. Adopting the method of independent systems is not something new in the Jordanian constitution. The constitutional legislator previously required the organization of administrative divisions, formations of government departments, their ranks and names, the method of managing them, how employees are appointed, dismissed and supervised, and the limits of their powers and competencies in accordance with independent systems (Article 120 of the Constitution), as required to specify The powers of the prime minister, ministers, and the Council of Ministers are under independent regulations (Article 45/2) of the Constitution, as well as obligating the monitoring of the allocation and spending of public funds and the organization of government warehouses under independent regulations (Article 114 of the Constitution).
6. The Jordanian Constitution, in Article (45/1) of it, has permitted to entrust the management of some of the internal and external affairs of the state to any other person or body, provided that this is stipulated by the constitution or the law, and accordingly, the establishment and assumption of this council is part of the internal affairs of the state The Ministry of Foreign Affairs complies with the provisions of Article (45/1) of the Constitution.
7. The amended draft constitution, which includes the creation of a (Council concerned with national security, defense and foreign policy), aims to codify a stable custom since the establishment of the Jordanian state a hundred years ago. The state has avoided the most dangerous crises and twists and turns that the Middle East has gone through. In addition, the Jordanian Armed Forces headed by the Supreme Commander are the ones who draw up and implement the defense policy, and the security services (the General Intelligence and Public Security Department) are the ones who draw up and implement the security policy within the laws regulating their work. Far and near testify to her professionalism and professionalism, and the security that we enjoy – praise be to God – is a living witness to that, and most countries that leaked politics to their security and defense services distorted their professionalism and path for which they were found, and this right seriously harms society.
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Source : اخبار الاردن