Guarantees and Restrictions for Dissolution of Parliament in the Jordanian Constitution of 1952, as Amended

Abstract

Balance between the executive and legislative powers is one of the most significant foundations in the parliamentary systems. This balance requires that either power is granted the right determine the fate of the other power. Since the legislative power may issue a decision of no confidence in the government, the executive power therefore has the right to dissolve the parliament in order to maintain balance between the two powers and to prevent encroaching of either of them on the other. Dissolution of parliament is one of the most serious tools that may be used by the executive power against the parliament, where such power can dissolve the legislative council prior to end of its term provided under the constitution. Thus, there should be guarantees and restrictions to ensure that the executive power does not arbitrarily exercise such right. This is the focus of this study, where the study aims to show the guarantees contained in the Jordanian constitution as to the authority to dissolution of parliament given to the executive power, especially after the constitutional reform amendment of 2011. These reforms cover the guarantees of the right to dissolution of parliament, where further guarantees are included in Article (74). It is recognized that the right to dissolution is not an absolute right that might be exercised by the executive power at its own discretion without justifications. Rather, there should be justifications and reasons for use of such right as well as guarantees and restrictions reducing such use.Most constitutions adopting the parliamentary system provide for the right to dissolution. However, these constitutions vary in forms of such dissolution like the presidential, ministerial, popular or automatic dissolution, or a combination of any of these.