A constitutional expert explains why the constitutional amendments are not effective
Amman Today
publish date 2022-02-01 13:07:58
The Compass – Professor of Constitutional Law at Amman Arab University and former member of the Constitutional Court, Dr. Noman Al-Khatib, said that the failure to refer to the entry into force of the recent constitutional amendments ratified by His Majesty the King and published in the Official Gazette yesterday, Monday in No. 5770, and the absence of a special text in the amendments The date of its entry into force and its entry into force indicates the application of the provisions of the second paragraph of Article 93 of the Constitution.
Al-Khatib explained in an interview with the Jordan News Agency (Petra) today, Tuesday, that Paragraph 2 of Article 93 stipulates the following: “The law shall take effect when it is issued by the King and 30 days have passed since its publication in the Official Gazette, unless a special provision is provided in the law that it shall be in force. effective from another date”; He pointed out that the word law here includes the meaning of the constitution and ordinary law, as the Constitutional Court and the Comparative Constitutional Judiciary said.
The constitutional amendments ratified by His Majesty the King were issued yesterday by the Prime Ministry in the Official Gazette, but what is remarkable is that these 26 amendments did not indicate the date of their entry into force and entry into force, as stated in the amendments of the first of October 2011, which were published in the newspaper Official in issue 5117.
Al-Khatib pointed out that constitutions mostly refer to the date of their entry into force and enforcement within the articles of the constitution itself when it was first issued or when it was amended as stated in the Basic Law of Transjordan 1928, as well as the 1946 constitution, the 1952 constitution, as well as the constitutional amendments on October 1, 2011; Thus, the failure to refer to the entry into force of the last amendments and the absence of a special text regarding the date of their entry into force and the commencement of their work, obliges the application of paragraph 2 of Article 93.
It is noteworthy that some media outlets had incorrectly indicated in the news of the recent constitutional amendments, that they would enter into force on the day following their issuance in the Official Gazette.
-(Petra)
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Jordan News
Source : اخبار الاردن