أحكام حالة الضرورة في النظام الدستوري الأردني : دراسة مقارنة

Abstract EN

The necessary status entity and meaning from its name, it’s refer for an unusual situation that happened in the country, which made the competent authorities whose function to prevent danger to face this situation, and make the exceptional administrative decision, which is unsuitable under normal circumstances.

Although this phenomenon is old and it was known by ancient civilizations, so the modern countries faced it through their legislative systems, and had special legislative texts, known as emergency texts or necessity texts, but this exceptional situation remained unwelcomed and unacceptable to the constitutional doctrine in particular, because of the negative effects that may result if they are arbitrarily applied by the executive authorities.

And Jordan is not far from the countries that have established the emergency status provisions, the text (94,124,125) from the Jordanian Constitution has mentioned the emergency status clearly, as it stated a method for issuing temporary Laws, and the Defense Law and the declaration of the status of martial law, then issuing special instructions on how to apply martial laws under the name of martial administrative instructions.

We thank God for all his blessings, and through our study we will highlight in the first section on the conditions for the implementation of the exceptional system, including substantive and formal conditions for the establishment of the emergency status, in addition to the inability of public law methods to face the situation of exceptional circumstances, and in the second part we will study the effects of applying the exceptional system under the emergency status and the consequent adoption of the temporary laws as well as the issuance of the defense law, also the suspension of the ordinary laws, the declaration of the status of martial law, and finally the extent of responsibility of the once applying martial law.

Then provide the appropriate results and recommendations for the study.