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Laith K. Nasrawin

Abstract

This article examines the constitutionality of the Law of Election to the Jordanian House of Deputies No. (9) for 2010. This law was introduced as a Provisional Law by the Executive, owing to the absence of legislative authority. The power of the Executive to decree provisional laws is constitutionally recognised; nevertheless, specific conditions in Article 94 of the Jordanian Constitution still apply. The Provisional Law of Election raises concerns regarding its adherence to the provision of Article 94, which makes its compliance with the Constitution questionable. Therefore, this article examines to what extent the conditions of Article 94 apply to the new Law of Election so that, in the event that one or more of the conditions are missing, the law should be deemed unconstitutional. This article concludes that the condition of ‘a state of necessity’ is not applicable, and, as such, the new Law of Election could be classified as unconstitutional.

Laith K. Nasrawin

Abstract

This article addresses the issue of protection against domestic violence in both Jordanian law and international conventions. It does so by defining domestic violence and its various causes and by exploring the relevant global standards and best international practices for combating it. The article also deals with the reality of protection against domestic violence in Jordan by referring to the special protection of the family and to the related follow-up by national and governmental institutions, and the relevant national standards. The Law Regarding Protection from Domestic Violence (Law No. 6/2008) contains protective provisions and other treatments to reduce this phenomenon, but it fails to provide optimal protection against domestic violence. The article proposes a set of recommendations to improve national standards for protection against domestic violence so that Jordan’s laws concerning protection against domestic violence conform to international standards.