The fall of party MP membership and the impact of groups (women and youth) in light of Article (58) of the Jordanian Election Law No. (4) of 2022.

It has become clear to everyone, from the standpoint of analysis, legal understanding, and anticipating the purpose and political goal, that the Election Law for the House of Representatives No. (4) of 2022 reshaped the representative structure of the House of Representatives by strengthening the party list system at the level of the general electoral district, and linking parliamentary representation to the status of party affiliation in some of its articles. This transformation raised precise questions about the extent to which the loss of a representative’s party membership – through resignation or dismissal – affects his parliamentary membership, and the mechanism for filling the vacant seat, in particular. If the seat is allocated to the category of women or youth, and the recent case (the decision of the Supreme Administrative Court regarding the appeal case that it considered on behalf of the former MP, Mr. Muhammad Al-Jarrah) constitutes the first judicial clash with these texts that formed the new party representative structure, and here, for the discussion, it is necessary to address the interpretation of Article (58) of the Election Law – with its paragraphs (1), (3) and (4) – in light of Articles (70) and (75) of the Jordanian Constitution, and to explain the methodology for practical application when the seat becomes vacant.

First: The constitutional framework regulating membership

1) Article (70) of the Constitution
It stipulates the requirement to meet the nomination conditions stipulated in the electoral law for membership in the House of Representatives.

Significance: The Constitution links parliamentary membership to the candidacy conditions contained in the electoral law, which opens the way for some electoral conditions (including party affiliation in the list system) to be considered to have a continuing impact on membership.

2) Article (75) of the Constitution
Cases of ineligibility are determined and membership is automatically revoked if they occur during the term of office.

Significance: Judgmental lapse occurs when one of the conditions for constitutional eligibility is lost, but the question arises: Is losing party affiliation—after winning via a party list—considered losing a condition affecting membership by virtue of referring Article (70) to the electoral law?

Second: The legislative construction of Article (58) of the Election Law. This article regulates seat vacancies at the level of the general electoral district:
Paragraph (1): The general rule for filling the vacant seat from the next candidate on the same list, then from the next list according to the percentage and order when this is not possible.
Paragraph (3): A special rule for seats reserved for women or youth; The seat shall be occupied by the same category within the same list. If this is not possible, then according to the mechanism of Paragraph (1).

Paragraph (4): A special case if the winning representative on the party list resigns from his party or is expelled from it by a final decision; His seat will be filled from the next on the same list, and if he is unable, from the next list.

The methodological observation here is that Paragraph (4) addresses the reason for the vacancy (loss of party affiliation by a final decision), while Paragraph (3) addresses a categorical restriction on the filling mechanism if the seat is allocated (youth or woman).

Third: Legal adjustment for loss of party membership

1) From the perspective of electoral law
Party affiliation is an essential condition for winning on the party list in the general district. If this condition is removed after winning, the legislator will have a direct effect in the form of a vacancy in the seat in accordance with Paragraph (4), provided that the dismissal decision becomes final.

2) From a constitutional angle
Pursuant to Article (70), which refers to the conditions for candidacy in the electoral law, it can be said that the party affiliation requirement – in the context of lists – goes beyond being a temporary candidacy requirement to become a condition that has a continuous impact on membership. This has become an almost stable and almost prevailing opinion in the legal and political circles, even though it directly contradicts the fact that the representative, by winning the seat of the House of Representatives, has become a representative of the nation and not the party!

Fourth: The effect of whether the seat is designated for women or youth
1) The principle of “the private restricts the public”
When Paragraph (4) and Paragraph (3) combine, the special rule applies first. If the seat is designated for women or youth, the priority for filling it will be for the same category within the same list, and here the following application sequence must be taken into account:

A) General seat (not assigned):

A vacancy due to dismissal/resignation shall be filled from the following in the same list (58/4), then from the next list if this is not possible.

b) A seat designated for youth or women:

Vacancy due to dismissal/resignation. Search first for a young candidate or a next female candidate on the same list (58/3).

If the above is not possible (young man or woman), move to the mechanism of Paragraph (1) (general ranking/next list).

The vacant parliamentary seat is the ruling rule
A general seat within List 58/4 applies directly
B: A seat reserved for women. 58/3 applies first
C: A seat reserved for youth. 58/3 applies first

The final outcome or result is that paragraph (4) does not cancel the factional restriction, but rather works within it, even if the reason for the vacancy (loss of party affiliation) is one thing, and the mechanism for respecting the factional allocation is another thing that must be taken into account before moving to any other option. Saying otherwise takes the entire structural and representative structure targeted in parliamentary life off the path that the legal legislator wanted and away from the desired political and basic goal.