The Principle of the Separation of Powers in the Constitutions of Jordan and their amendments (1928-2011)

Abstract

This study investigates the principle of the separation of powers in the consecutive Constitutions of Jordan and their amendments (1928-2011), given that the Constitution is the sole authority that achieves this separation. Separation prevents any interference between these powers and is quite achievable as the state is multifunctional. These functions were in one hand which used to execute all the state functions. To safeguard its viability and continuity, the state need to execute all its duties in the best way possible so as to guarantee the protection of the rights and freedoms without tyranny. The state can do this through legislation, i.e. issuing absolute common laws, executing them to achieve regulation, protection and security, and penalizing anyone who violates them to achieve justice and solve disputes. Holding all these powers and achieving these ends have become difficult as the societies have evolved from absolute monarchies to parliamentary and presidential governments; this necessitated the presence of three institutions to do these functions: the legislative authority, the executive authority, and the judicial authority. The present study follows up the aspects of the separation of powers in the three constitutions of Jordan and their respective amendments as represented in the basic statute of 1828 and the Constitution of Jordan no. (3) Of 1947 and the Constitution of Jordan of 1952. The study reached a number of results and recommendations. Among these conclusions is that the constitutions of Jordan of 1952 and 1952 have taken into consideration the principle of the separation of powers. However, it was not an absolute separation. Rather, it was relatively flexible: it kept a measure of balance and cooperation between them. The study recommends that the legislative authority be re-respected to rectify things.