The Specificity of the Concept of the Approval of the National Assembly according to Article (33/2) of the Jordanian Constitution and its Reflection on International Agreements

10.2478/bjlp-2022-002130

Abstract

As is well known, the constitutions varied among themselves regarding the authority to ratify the agreement. The Jordanian constitution took a medium ground between giving it to the legislative and executive branches and limiting the enforcement of treaties and accords with several conditions, chief among them the National Assembly's consent. These situations hinge on the importance and durability of the international agreement's position. Since the Jordanian constitution made National Assembly approval a requirement for the execution of international treaties that affect Jordanians' public or private rights, the researcher's study was influenced by the importance and value of those agreements and their enforcement. It is crucial to understand the scope of the notion of prejudice that the Jordanian constitution intends as a requirement for the National Assembly to approve the treaty. This is because the treaty may entail significant obligations. Failing to include international agreements that affect public and private rights is a serious constitutional violation that could put the state in a humiliating position in front of its citizens or other contracting states.