التشريعات الفرعية في النظام القانوني الأردني

Abstract EN

The importance of the current study stems from the role of the executive authority in enacting ordinary and extraordinary subsidiary legislation.

The problem of the current study lies in the fact that the constitutional legislator did not explicitly provide for administrative control systems and that there are confusion and ambiguity in the basis on which administrative control systems are based.

Also, the confusion extends to include the meaning, basis and value of administrative instructions and the differences between necessity legislation.

The current study has addressed the ordinary subsidiary legislation issued pursuant to the provisions of the Constitution as well as those issued by laws and regulations, in addition to exceptional subsidiary legislation in cases of necessity, through the application of the comparative descriptive analytical approach.

The current study has concluded a set of results, the most important of which were that the constitutional legislator did not explicitly provide for administrative control systems.

Also, the current study has concluded that extraordinary subsidiary legislation are of two types: The first one is issued under exceptional circumstances associated with the dissolution of the House of Representatives; the so-called provisional laws, and the other one is issued under exceptional circumstances associated with the application of martial law.

The current study has recommended that the Jordanian constitution is to be amended by adding an article authorizing the Council of Ministers, subject to the approval of the King, to issue administrative control systems.