Title: The legality of the emergency defence orders in Jordan issued during corona pandemic: compliance or derogation

Authors: Mosleh Tarawneh; Amin Al-Adaiyleh

Addresses: Al-Ahliyya Amman University, Amman, Jordan ' Al-Ahliyya Amman University, Amman, Jordan

Abstract: This study aimed to investigate certain defence orders relating to freedoms to see whether such orders comply with the principle of legality, since this principle should not be, however, derogated from in normal or exceptional circumstances, since it is the cornerstone for functioning of public utilities. As many other states, Jordan, declared the state of emergency and activate the Defense Law to contain the outbreak of COVID-19 pandemic under article (124) of the constitution. This empowers the king, in case of emergency, to activate the Defense Law, which empowers the prime minister to issue defence orders necessitating the defence of the kingdom, including the suspension of laws. We found that the Jordanian constitution does not contain any provision imposing obligations on the state in relation to healthcare in the same manners as it did in education, employment, and other rights. This requires amending the constitution to avoid such shortcomings.

Keywords: legality; defence orders; constitution; COVID-19 pandemic; exceptional circumstances; principle of legality; state of emergency; Jordan; suspension of laws; obligations.

DOI: 10.1504/IJPL.2022.129679

International Journal of Private Law, 2022 Vol.10 No.2/3/4, pp.93 - 114

Received: 31 May 2022
Accepted: 14 Oct 2022
Published online: 20 Mar 2023 *

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